Counter Affidavit Format - High Court.

Format of Counter Affidavit to be filed against Petition filed in the High Court.

IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION CIVIL NO. ___________ OF 20___________

IN THE MATTER OF:
___________ ....PETITIONERS
VERSUS
MS. ___________ ....RESPONDENTS

COUNTER AFFIDAVIT ON BEHALF OF RESPONDENT NO. 1
I, ___________, aged about ___________ years, Wife of Sh. ___________, House No___________, ___________, Delhi-___________, do hereby solemnly state and affirm as under;

1) That I am Respondent No. ___________ in the abovementioned Writ Petition and being familiar with the facts and circumstances of the case hence am comp___nt to swear this Affidavit.

2) That I have read and understood the contents of the Writ Petition and my reply to it is set as below.

3) I Say that the Answering Respondent No. ___________ is filing the instant Counter Affidavit to Present Writ Petition to bring on record correct facts and circumstances of the case.

4) At the outset, I repeat, reiterate, confirm and adopt all that has been stated by Answering Respondent No. 1 in the OA No. ___________ of ___________ and Contempt Petition No. ___________ of ___________ with the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi. I say that the omission on my part to deal with any statement or contention made in the present Writ Petition shall not be treated as admission thereof. I hereby deny each and every allegation, contention and submission contained in the present Writ Petition under reply which is contrary to or inconsistent with what is stated by me hereunder. I reserve my right to file further affidavit in the matter if the need arises. I do not admit any of the allegations and contentions made by the Petitioners in the present Writ Petition and deny everything that is stated therein so far as it is contrary to or inconsistent with anything that is stated by me hereinafter.

1. PRELIMINARY OBJECTIONS
1. That the Writ Petition filed by the petitioners is liable to be dismissed on the following grounds:

a) That the Petitioners, while filing the Writ Petition, have concealed the fact that the matter has attained finality by the Judgment of the Hon'ble Supreme Court of India dated September ___________, ___________ in ___________V. Delhi Subordinate Services Selection Board, Review Petition No. ___________ of ___________, in Civil Appeal No. ___________ of ___________ whereby the Hon'ble Supreme Court has allowed the Review Petition filed by Mr. ________, a candidate from the batch of respondent No. 1 with equivalent qualification other than ___, i.e. Diploma in Education from Bhopal. The answering Respondent has also done the same course done by Mr. ________ and the merits of the case are similar and identically placed.

b) That the Petitioners have concealed the fact that Mr. ________ had done Diploma in Education, not ___ course and wrongly mentioned in the Writ Petition for undue benefit that he had done ___ course. It is an admitted fact in CAT, this Hon'ble Court and Hon'ble Supreme Court that that he had done Diploma in Education (Two Years Course) ___________ and the certificate was granted by Board of Secondary Education, Madhya Pradesh, Bhopal. A Division Bench of this Hon'ble court by its Judgment dated ___________th ___________, ___________ in Delhi Subordinate Services Selection Board v. ___________, Writ Petition (Civil) No. ___________ of ___________ had dismissed the Petition filed by the Petitioners with same plea that those candidates who did ___ course only will get age relaxation. This Hon'ble Court had dealt with the contentions of the Petitioners and held that the educational qualification of Mr. ___________ is equivalent to ___ course. The Petitioners wrongly mentioned in the instant Writ Petition that, because Mr. ___________had done ___ course, the Supreme Court of India has allowed his Review Petition. It is clearly mentioned in Para ___________ of the order dated ___________ of Central Administrative Tribunal in OA No. ___________ of ___________ that Mr. ________ had done Diploma in Education, which is equivalent to ___. Since the Two year Diploma Course done by Mr. ________ is equivalent to ___ course and it was clarified by this Hon'ble Court, the Supreme Court not even mentioned about that in its order. The applicability of the order of Hon'ble Supreme Court is not limited to those who did ___ course, but is applicable to all those who has done equivalent courses.

c) That the instant Writ Petition is barred by Res Judicata. The Petitioners have concealed the fact that this Hon'ble court by its order dated ___________th ___________, ___________ in Delhi Subordinate Services Selection Board v. ___________, Writ Petition (Civil) No. ___________ of ___________ held that age relaxation allowed through ________ Judgment is applicable to courses equivalent to ___ also. This Hon'ble Court had dismissed the Writ Petition filed by the Petitioners as the Petitioners failed to prove that other Diploma Courses are not equivalent to ___. The Petitioners have again averred the same pleading in this Petition also. Since ___________was one of the Petitioners from the batch of respondent to this petition this petition and connected matters, the current Writ Petition needs to be dismissed by considering Res Judicata.

d) That the Petitioners averred in the Writ Petition that "the Apex Court in the Review Petition filed by ___________categorically held that this judgment is passed in the facts and circumstances of the present case and therefore not treated as precedent". Since the Answering Respondent in the instant Petition is from the same batch of Mr. ___________, merits of her case are same, identically placed like him, their qualifications are same or similar, the Judgment of the Hon'ble Supreme Court of India is applicable to her also. In fact the Petitioners had picked only one case i.e. ___________ (___________) from the batch of orders passed by the Hon'ble Central Administrative Tribunal and filed appeal with this Hon'ble Court. Now the Petitioners have again approached this Hon'ble court by concealing the fact that all the arguments raised in the instant Petition regarding Qualification and age relaxation were already settled by the Division Bench of this Hon'ble Court in ___________ (___________).

e) That the Petitioners have concealed that they have suo motu given appointment to a candidate namely Ms. ___________ for the Post Code ___________/___________ (the same post for which respondent is applied) whose name is mentioned in selected candidates Result Notice-Office Order No. ___________ dated ___________mentioned at Serial no. ___________, Roll No. ___________ and her date of birth is ___________. She has done two years Primary Teacher Training (PTT not ___) from Jharkhand. The DSSSB has selected and appointed her by giving age relaxation on the basis of Judgment dated ___________in ________, WP(C) No. ___________ of ___________. She is working as Assistant Teacher (Primary) and was posted in ___________initially. As per RTI reply received, the Petitioners have also in ___________, appointed Ms. ___________ and Ms. ___________who have done