Application for Clarification Format Supreme Court.

Format of Clarification Application in Supreme court seeking clarification of Judgment/ order passed by the Supreme Court.

IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)

M.A. NO. OF 20_______
IN
CIVIL APPEAL NO. 40_______ OF 20_______

IN THE MATTER OF:
_____________________ PETITIONERS

VERSUS
_____________________ 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 _______20_______ passed in the Civil Appeal No. _______ of 20_______ while hearing the challenge laid with regard to ____ % reservation for local residents of scheduled districts (advertisement no. __ of 20_______ regarding appointment of TGTs) also heard the case arising out of the advertisement nos. 1 of 20_______ and 2 of 20_______ issued for the post of Lower Divisional Clerks (Collectorate Grade), Panchayat Secretary, Lower Divisional Clerks and Stenographer as raised by the petitioners of the Civil Appeal No. _______ of 20_______.

2. That the Petitioners as on date await publication of final results with regard to posts advertised vide advertisement no. _______/20_______ and _______/20_______ and have also undergone document verification process carried by the Respondent _______________ in the year 20_______. 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 _______20_______.

3. That this Hon'ble Court noted the issue raised in the Civil Appeal No. _______ of 20_______ while passing the common judgment and order dated _______20_______ as under:-

"2. Civil Appeal No. 4043 of 2022 has been preferred by the petitioners who were not party before the High Court challenging the action of the State Government in not appointing them. It is the case on behalf of the petitioners that the State Government has misinterpreted the judgment and order passed by the High Court in the Writ Petition No. 1387 of 2017. It is their case that dispute before the High Court was with regard to the appointment of the Trained Graduate Teachers and advertisement Notification No. 21 of 2016. However, so far as petitioners are concerned, according to them, they are eligible applicants of the advertisement nos. 1 of 2017 and 2 of 2017 for the post of Lower Divisional Clerks (Collectorate Grade) - District Level Post, Panchayat Secretary - District Level Posts and Lower Divisional Clerks- State Level Post, State Stenographer - State Level Post and in no manner concerned with the issue agitated before the High Court. It is the case on behalf of the petitioners that they are awaiting the final results with respect to the aforesaid posts and have also undergone document verification procedure carried out by the Jharkhand Staff Selection Committee in the year 2019."

A copy of the judgment and order dated _______20_______reported in 20_______ 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 _______20_______ records the submissions of the Ld. Senior Advocate appearing for the Petitioners in the Civil Appeal No. _______ of 20_______.

5. That this Hon'ble Court passed the general directions for publication of state merit of the teachers (TGTs) based on already published cut off and held as under:

"________________________."
6. That in view of the decision dated _______20_______ passed by this Hon'ble Court in the Civil Appeal No. _______ of 20_______titled as _______& Ors. v. _______& Ors.; the Petitioners and other applicants of the advertisement nos. _ of 20_______and _ of 20_______ approached the Respondents with regard to implementation of the judgment and order dated _______20_______ and publish state merit list of successful candidates of the advertisement nos. _ of 20_______and 2 of 20_______. A copy of the representation dated _______20_______ 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 _______20_______ so far as the Petitioners of the Civil Appeal 4043 of 2022 are concerned, as according to the Respondents, no specific directions have been passed in paragraph 28 of the common judgment and order dated _______20_______ with regard to publication of merit list of the entire state against each posts advertised vide the advertisement no. _______/20_______ and _______/20_______.

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. _______/20_______ and _______/20_______ 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 _______20_______, for publication of the final results of the examination conducted pursuant to the advertisement no. _______/20_______ and _______/20_______ 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

Place: _______
Filed on: _______20_______