Format of application for clarification of Judgment / Order passed by the Supreme Court of India.
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
M.A. NO. OF 2022
IN
CIVIL APPEAL NO. 4043 OF 2022
IN THE MATTER OF:
_________________________ & ORS
....PETITIONERS
VERSUS
_________________________ & ORS
....RESPONDENTS
APPLICATION FOR CLARIFICATION OF THE JUDGMENT AND ORDER DATED ________
To
HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF THE
SUPREME COURT OF INDIA
THE HUMBLE APPLICATION OF THE PETITIONERS ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
1. That this Hon'ble Court vide its common judgment and order dated ______
passed in the Civil Appeal No. ______ of ______ while hearing the challenge
laid with regard to reservation for local residents of ______ districts
regarding appointment of ______, also heard the case arising out of the
advertisement nos. ____ of ____ issued for the post of ______________ as
raised by the petitioners of the Civil Appeal No. ______ of ______.
2. That the Petitioners as on date await publication of final results with regard to posts advertised vide advertisement no. ______ and ______ and have also undergone document verification process carried by the Respondent ______ in the year ____. Ironically even after having spent years in participating in the selection process and having passed through rigors of the competitive examination, the Petitioners await declaration of final results which has not been published as on date. It is shocking to note that some of the Petitioners and most of the applicants are now overage and left at the mercy of the Respondent State Government even after specific directions are passed by this Hon'ble Court vide the common judgment and order dated ______.
3. That this Hon'ble Court noted the issue raised in the Civil Appeal No. ____ of ____ while passing the common judgment and order dated ______ as under:-
"______________________"
A copy of the judgment and order dated ______ reported in ______ SCC Online SC ______ is annexed and marked as Annexure P- 1 (Pages __ to __).
4. That this Hon'ble Court at para __ of the decision dated ______ records the submissions of the Ld. Senior Advocate appearing for the Petitioners in the Civil Appeal No. ___ of ____.
5. That this Hon'ble Court passed the general directions for publication
of state merit of the ______ based on already published cut off and held as
under:
"____________________________________"
6. That in view of the decision dated ______ passed by this Hon'ble Court in the Civil Appeal No. ____ of ____ titled as ______ & Ors. v. ______ & Ors.; the Petitioners and other applicants of the advertisement nos. ______ approached the Respondents with regard to implementation of the judgment and order dated ______ and publish state merit list of successful candidates of the advertisement nos. ______. A copy of the representation dated ______ addressed to the Respondents is annexed and marked as Annexure P- 2 (Pages __ to __).
7. That the Respondents have informally expressed their inability to implement the order dated ______ so far as the Petitioners of the Civil Appeal __ of ___ are concerned, as according to the Respondents, no specific directions have been passed in paragraph __ of the common judgment and order dated ____ with regard to publication of merit list of the entire state against each posts advertised vide the advertisement no. ______.
8. In view of submissions made hereinabove, it is most respectfully prayed that this Hon'ble Court may kindly clarify that the Respondents ought to publish final results of the examination conducted pursuant to the advertisement no. ______ after publishing merit list to the entire state against each post and offer appointment letters to successful candidates in a time bound manner.
9. That the present application is for bonafide reasons and in the interest of justice.
PRAYER
In the above circumstances, it is most respectfully prayed that this
Hon'ble Court may graciously be pleased to:
i. clarify at paragraph ___ of the common judgment and order dated ______, for publication of the final results of the examination conducted pursuant to the advertisement no. ______ against posts advertised on state merit basis and offer appointment letters to successful candidates; and/or
ii. Pass such other or further order (s) as this Hon'ble Court may deem and fit in the peculiar facts and circumstances of the case in favour of the Petitioner.
DRAWN & FILED BY;
Advocate for the Petitioners
Place: New Delhi
Filed on: ____
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