Writ Petition format to file Writ under Article 226 and 227 to challenge
order passed by Central Administrative Tribunal against OA of Petitioner.

Format of Writ Petition for High Court in MS word to challenge Judgment
passed by CAT against Original Application of Petitioner.

You can challenge in Judgment passed by Central Administrative Tribunal
against OA filed by Petitioner, in High Court under Article 226 and 227 of the
Constitution of India. While filing the Writ Petition, copy of entire documents
filed in the Central Administrative Tribunal should be annexed with the
Petition. A certificate to the effect that entire records of CAT are filed with
the Writ Petition also needs to be attached with the Petition. Format of Writ
Petition challenging the Judgment of Central Administrative Tribunal against OA
is given below.

 

 

 

SYNOPSIS

1. That the present Writ Petition under Article 226 read with 227 of the
Constitution of India is against the order dated _____________ passed by the
Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi,
(hereinafter referred as ‘Hon’ble Tribunal’) in OA No. ___ of 20__ vide which
the Hon’ble Tribunal has disposed of the OA on the basis of an interim order
passed by this Hon’ble Court on ____ in Writ Petition (C) No. ___ of ___ titled
_____ & Ors _____ & Ors.

2. That in the said Petition it was wrongly mentioned that Mr. ______________,
one of the Batch mates of the Petitioner, has done ___ course. In fact he has
done _______ Course (the same course done by the Petitioner) from _____ and his
candidature for the post of Primary teacher in MCD was rejected with a remark
‘overage’ without giving age relaxation as per the direction of this Hon’ble
Court in Sachin Gupta and Ors Vs. Delhi Subordinate Services Selection Board,
Writ Petition.

3. That the Hon’ble Tribunal while disposing of the OA failed to consider the
fact that the above said Writ Petition was filed by concealing the fact that
disputes regarding educational qualification was already settled by this Hon’ble
Court vide order dated __________________ in. The copy of the said order was in
the file of the Hon’ble Tribunal, but without considering it and on the basis of
wrong statement given by the respondents that Mr. ____________ had done ____
course, the Hon’ble tribunal disposed of the Original Application filed by the
Petitioner.

4. The Hon’ble Tribunal also failed the appreciate that Writ Petition No.
________ of 20___ is barred by Res Judicata as all the disputes regarding
educational qualification i.e. ETE, Diploma in Education and equivalent courses
had been settled by this Hon’ble Court in ______ (supra) which was attained
finality after the Hon’ble Supreme Court allowed the Review Petition filed by
Mr. _____.

5. Brief facts about the case are that pursuant to the Advertisement No.
______________ of Delhi Subordinate Services Selection Board (DSSSB), the
petitioner had applied for the post of Primary Teacher in Municipal Corporation
of Delhi (MCD) (Post Code ____) under OBC Category and appeared for Written
Examination held on _____________. She had secured _____ marks but her
candidature was not considered for the said Post and her name was displayed in
the rejection list published on ________ with a remark of “overage”.
 

LIST OF DATES AND EVENTS

18.03.__ Maximum age limit for appointment to the post of Assistant
Teacher ___ were __ years for male and __ Years for Female.

08.05.___ Respondent No. 1 issued a notification and amended Recruitment
rules for appointment to the post of Assistant Teachers in NCT of Delhi and
MCD and prescribed the maximum age limit as 27 years for male as well as
females.

07.11.20__ Respondent No. 2 issued advertisement No. _____ for the post
Teacher (primary) in MCD under the Post Code ____. The Petitioners applied.

20.07.20__ The Ld Tribunal directed the Respondent to herein finalise the
amendments in the RRs by applying classification of the post of enhancement
of the age.

02.02.20__ The Petitioner appeared in the examination.

08.07.__ Result of the said written Test was published and the Petitioner
had secured __ marks (Cut off __).

05.12.20__ Government issued an office order No. ___ in which the Petitioner’s
name was shown not eligible on the ground of “overage”.

10.12.20__ Petitioner made representation to the authority appraising the
fact that the Petitioner is fully entitled to get age relaxation as per
Hon’ble Delhi High Court Judgment in ______.

July 20__ Petitioner filed O A No. __ of 20__ with the Hon’ble Tribunal,
being aggrieved by the office order No. ___and Rejection Notice dated ___
and challenged the order to an extent she is affected on the ground of
“overage”.

03.10.20__ The Hon’ble Tribunal disposed of OA No. ____ of 20__ with a
liberty to the applicant to seek re-consideration of the O.A after the
disposal of the Writ Petition (C) No. ___ of 20__ by this Hon’ble Court.

.12.2018 Hence the Present Petition

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION NO_____ OF 20__

IN THE MATTER OF:
_______________                                    
…….    PETITIONER

VERSUS

_______________ & ORS                        
…….    RESPONDENTS

TO,
THE HON’BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HON’BLE HIGH COURT OF
DELHI.

THE PETITIONERS ABOVE NAMED

WRIT PETITION UNDER ARTICLE 226 READ WITH 227 OF THE CONSTITUTION OF INDIA
AGAINST THE JUDGMENT AND ORDER DATED _______ PASSED BY THE HON’BLE CENTRAL
ADMINISTRATIVE TRIBUNAL IN OA NO. ___ OF __.

MOST RESPECTFULLY SHOWETH:
1. That the present Writ Petition under Article 226 read with 227 of the
Constitution of India is against the order dated _____________ passed by the
Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi,
(hereinafter referred as ‘Hon’ble Tribunal’) in OA No. ___ of 20__ vide which
the Hon’ble Tribunal has disposed of the OA on the basis of an interim order
passed by this Hon’ble Court on ____ in Writ Petition (C) No. ___ of ___ titled
_____ & Ors _____ & Ors. A copy of the order dated 03.10.20__ passed by the
Hon’ble Central Administrative Tribunal in O.A. No. ___ of 20__ is annexed and
marked as Annexure P-1 (Pages _________).

FACTS LEADING TO FILING OF THE PRESENT PETITION

2. Brief facts necessary for deciding the Present petition are as follows:

(i) That Petitioner has done _____________ in the year _____from ______.

(ii) That pursuant to the Advertisement No. ___ of 20__ of DSSSB the
Petitioner had applied for the Post of Primary Teacher in ____, Post Code ___
and participated in the selection process, Roll No. ____. She got ___ Marks.
Despite the applicant having secured more marks than the cut-off marks (__) for
OBC category, she has not been considered for appointment on the ground of being
‘overage’. In the rejection order No. __ dated 05.12.20__, the applicants name
figures at Sr. No. __.

(iii) The Petitioner had challenged the impugned rejection order No. __ dated
____ in the Central Administrative Tribunal by way of O.A. No.

A copy of entire CAT Record of O.A. No. ___/___ filed by Petitioner with the
Central Administrative Tribunal is annexed herewith and attached as Annexure P-3
(Pages _________).

(iv) Pursuant to the notices issued, the respondents entered appearance and
filed replies, to which the Petitioner has filed separate rejoinders.

(v) That after hearing these submission of the Respondents, the Hon’ble
Central Administrative Tribunal on 03.10.20__, disposed of the OA filed by the
Petitioner with the following observations/Directions:

(vi) That the Hon’ble Tribunal did not try to verify the facts from the records
which show that ___________had done Diploma in Education from Bhopal which is
the same qualification of Petitioner.

(vii) That since the dispute regarding equivalence of educational
qualification was already settled; the Hon’ble Supreme Court in the Judgment
used the word “__” just to represent the educational qualification.

(viii) That the Respondents have wrongly twisted the facts in such a way that
Mr. _________ had done ____ course not Diploma in Education from Bhopal, hence
his Review Petition was allowed.

 

 

3. GROUNDS:

A. Because the Hon’ble Tribunal failed to appreciate that a Division Bench of
this Hon’ble court by its Judgment dated ______________ in ___________ v.
___________, held that a candidate who had completed ETE course from Delhi is to
be given age relaxation as per the decision in __________, the same age
relaxation should be provided to the persons who are identically placed in terms
of educational qualifications.

B. Because the Hon’ble Tribunal failed to appreciate that the Petitioners in
Writ Petition (C) No. ____ of 20__ have concealed the fact

C. Because the Hon’ble Tribunal did not consider all these facts while disposing
of O.A No. ____ of 20__ which resulted violation of rights guaranteed to the
Petitioners under Article 14 and 16 of the Constitution of India.

4. That the petitioners submit that no other petition against the impugned
order has been filed by the petitioner.

5. That the petitioners do not have no other efficacious alternative remedy than
to file the present writ petition.

PRAYERS

In view of the facts & circumstances stated above, it is most respectfully
prayed that this Hon’ble Court may be pleased to:-

a) Issue an appropriate Writ quashing the impugned order dated 03.10.20__
passed by the Hon’ble Central Administrative Tribunal, Principal Bench, New
Delhi, in Original Application No. ___ of 20__.

b) Any other relief, order or direction this court may deem fit and proper
under the facts and circumstances of this case.

THROUGH;

COUNSEL FOR THE PETITIONERS

New Delhi

Dated: __.__.20__

 

Format of
Writ Petition for High Court under Article 226 and 227 of the Constitution of
India to challenge order passed by Central Administrative Tribunal against OA.