Application for early haring in format for High Court

Format of Application for early haring of a case in the High Court.

IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)
CM NO. OF ________IN
WRIT PETITION CIVIL NO. ________ OF 20________

IN THE MATTER OF:
________ �.PETITIONERS
VERSUS
________ �.RESPONDENTS

APPLICATION UNDER SECTION 151 OF CPC ON BEHALF OF RESPONDENT NO. ________ TO ________ SEEKING EARLY HEARING OF THE WRIT PETITION AS THE APPOINTMENT OF RESPONDENTS AS ________________ARE ON HOLD DUE TO STAY ORDER DATED ________OBTAINED BY THE PETITIONERS BY HIDING THE FACT THE ISSUES IN THE PETITION ARE COVERED IN THE JUDGMENT DATED ________RENDERED IN WRIT PETITION (CIVIL) NO. ________ OF ________ IN DELHI SUBORDINATE SERVICES SELECTION BOARD VS. ________WHICH, WAS UPHELD BY THE HON'BLE SUPREME COURT.

MOST RESPECTFULLY SHOWETH:
1. That this Application is being filed by the Respondent No. ________to ________, whose appointment as Primary Teachers in MCD Schools are on hold for about ________ years due to the discrimination by the Petitioners and on the basis stay order dated ________passed by this Hon'ble Court.

2. The issues raised in the present writ petition are covered by the judgment of the coordinate Bench of this Court dated ________, rendered in W.P.(C.) No. ________, titled Delhi Subordinate Services Selection Board vs. ________, which was upheld by the Hon'ble Supreme Court.

3. That other connected matters to this Petition are WP(C) ________, WP(C) ________, WP(C) ________ and WP(C) ________.

4. That on ________this Honb'le Court heard CM APPL. ________ filed in W.P.(C) ________and directed that "List the writ petition for directions on ________." Copy of the order dated ________passed by this Hon'ble Court in W.P.(C) No. ________is annexed herewith and marked as ANNEXURE A1.

5. It is submitted that in the ordinary course, the matter is listed before the Court on ________.

6. That W.P.(C) ________is the main matter in which stay order dated ________was issued by this Hon'ble Court. On the basis of that stay order, orders were passed in all other connected matters. Copy of the Stay Order dated ________passed by this Hon'ble Court in W.P.(C) No. ________ of ________ is annexed herewith and marked as ANNEXURE A2.

7. In these circumstances it is important to hear the main matter also before hearing W.P.(C) ________, hence this application for early hearing.

8. That the pleading of the matter are compl____ / the time allowed by this Hon'ble Court for Rejoinder / Reply was expired long back.

FACTS OF THE CASE
9. Brief facts about the case are that pursuant to the Advertisement No. ________of ____________________, the Applicants (Respondents) had applied for the post of _______________ in Municipal Corporation of Delhi (MCD) (Post Code ________) under General and OBC Category and cleared the Written Examination held on ________. But their candidatures were not considered for the said Post and their names were displayed in the rejection list published on ________with a remark of "_______________".

10. That prior to ________, the age limit to apply for the post of Primary Teacher in Delhi was ________ years for male candidate and ________ years for female candidate. But the Government of NCT of Delhi bought out a notification in the year ________ whereby the age limit was reduced to ________ years both for male and female. The said order was challenged by some aggrieved candidates before the this Hon'ble Court in W.P.(C) No. ________ of ________ (________& Others V. Delhi Subordinate Services Selection Board & Others). The Writ Petition was disposed of vide order dated ________with a direction to give age relaxation to the candidates, who had compl____d ____ course in the year ________ or ________ or ________ and thus authorizing them to appear in the examination. The Direction in ________ (________) was as under:

"64. To conclude, the language and marks criteria (namely passing of Hindi Subject at primary level and minimum 50% marks in senior secondary examination) are upheld in their entirety. Even the age criteria (namely minimum and maximum eligibility age as 20-27 years respectively) is upheld but with a view to ameliorate the hardship of already enrolled students in ____ courses. It is directed that the respondents would permit all those candidates who have completed the ____ Course either in the year 2006 or 2007 or 2008 to appear in the examination conducted by the Respondents for the post of Assistant Teachers (Primary) once each of the Respondents i.e. MCD and Govt. of NCT of Delhi provided they do not exceed the upper age limit of 32 years for males and 42 years for females and also fulfill all other eligibility conditions. This would also apply to candidates, who have already taken the examination as permitted by this Court. This relaxation will be independent of the relaxation applicable to reserved categories. However the Relaxation granted by this Court shall cease to operate for the ____ Courses after 2008 i.e. commencing from 2009 as from 30th September 2007 the maximum age limit for ____ Course has been reduced from 30 years to 24 years. Except to the above extent legality and validity of the impugned RRs are upheld and accordingly the entire batch of Writ Petitions are disposed of in the above terms with no order as to costs."

11. That Mr. ________, a candidate from the same batch of Petitioner had also applied for the post of Primary Teacher, Post code No. ________against the same advertisement No. ________. He had cleared the written test, but his candidature was also rejected without giving age relaxation as per ________ (________) judgment as he had done ____, not ____ from Delhi. He had filed OA No. ________ of ________ with the Hon'ble Central Administrative Tribunal and challenged the rejection order claiming that direction to give age relaxation in ________ (________) Judgment is applicable to his case also as he has done 2 year Diploma course from Bhopal which is equivalent to ____ course in Delhi. The Hon'ble Tribunal had allowed his Original Application.

12. Thereafter the Petitioners have filed a Writ Petition No. ________of ________ "____ vs. ________" in this Hon'ble Court challenging the order of the Tribunal. This Hon'ble Court had dismissed the Writ Petition filed by the Petitioners and held that age relaxation allowed through ________Judgment is applicable to ____ equivalent Courses like ____ and other courses.

13. Thereafter the Petitioners have filed SLP (C) No. ________ of ________ (CA No. ________ of ________) against the above said order in W.P. (C) No. ________ of ________ in the Supreme Court on the same ground that Mr. Praveen Kumar holding ____ qualification cannot be given age relaxation. In the said SLP the High Court Judgment directing to give age relaxation to candidate holding ____ qualification was specifically challenged. It was wrongly informed to the Hon'ble Supreme Court that the age relaxation given was a onetime for written test to be conducted in ________ only. Due to this wrong information the Hon'ble Supreme Court allowed the SLP and held that since Mr. ________was appeared for the examination in ________he is not eligible to get age relaxation.

14. That Mr. ________filed a Review Petition, ________. Delhi Subordinate Services Selection Board, No. ________ of ________in Civil Appeal No. ________ of ________ highlighting this error i.e. the age relaxation given was not only for the examination conducted in ________ but also for candidates who have compl____d their course in the year ________or ________ or ________. When the error was noticed, the Hon'ble Supreme Court issued notice in the said Review Petition, heard the matter in open court and allowed the Review Petition filed by Mr. ________. Thus the disputes regarding equivalence of ____ course from Delhi and Diploma in Education had already been settled by this Hon'ble Court and Hon'ble Supreme Court. While disposing of the Review Petition the Hon'ble Supreme Court said that "we therefore find no fault in the impugned judgment of the High Court".

15. That the Applicants (Respondents) had also challenged rejection letter no. ________and filed OA No. ________ of ________ in ________& Ors V. Govt. of NCT of Delhi with the Hon'ble Central Administrative Tribunal, seeking direction to grant age relaxation as per ________ (________) Judgment to them. The Hon'ble Tribunal had allowed their OA No. ________ of 2015 vide its order dated ________.

16. But the Petitioners neither gave age relaxation to the Applicants nor challenged the said order. The Applicants (Respondents) in OA No. ________ of ________ had filed contempt Petition No. ________with the Hon'ble Tribunal. Vide order dated ________the Hon'ble Tribunal directed compliance of the Judgment dated ________, failing which the Chairman of the Respondent No.2/____ has been directed to remain present on the next date. With these directions the matter has been re-notified for ________.

17. That after a delay of almost ________years, the Petitioners have filed Writ Petition (C) No. ________ of 20__________ titled Govt. of NCT of Delhi & Ors Vs ________& ________and challenged order dated ________in OA NO. ________ of ________ along with order dated ________in Contempt Petition No. ________. On ________this Hon'ble Court issued notice in the said Writ Petition and stayed operation of Judgment dated ________

18. That the principle of natural justice, equity and good conscience demands that the matter may be heard earlier and no purpose will be served in keeping the matter pending.

19. That if the present application is not allowed the Applicants (Respondent No. ________ to ________) will suffer irreparable loss and injury which cannot be compensated by any means whatsoever. Hence, this application seeking early hearing of the 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) Allow the Present application for early hearing and direct to list the Writ Petition in any Short date for hearing for proper adjudication of the case, in the interest of justice and / or;

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 APPLICANTS (RESPONDENTS)

Dated: __.__.20__

Place: New Delhi