REPLY SELECTION CHALLENGE
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ________
OA No.: ______
_______________________ Applicants
Versus
_______________________ Respondents
Reply on behalf of the respondent No. _______
Respectfully:
Preliminary Submissions/Objections:
1. That the present OA is not maintainable at all. The applicant has not joined all the necessary and proper parties. Therefore, the OA is bad for non-joinder of necessary parties. The present OA is motivated, instigated, false, frivolous and vexatious.
2. That the selection and appointment of the applicant has been done by duly constituted selection committee in accordance with the rules governing the matter. No malafide has been attributed to any of the member of the selection committee and as such there is no other ground available to the applicant to challenge the selection of the replying respondent. The applicant has taken chance to appear before the selection committee and after failing to make it he cannot now approbate and reprobate.
3. That the applicant has concealed the material fact that the replying respondent has already joined on _____ at GPS _____ as _____ after being appointed. _____It is also submitted that the applicant has voluntarily offered to work gratis free as Vidya Upasak in GPS _____ wef _-___ and this vests no legal or constitutional right in favour of the applicant to claim for his being appointed permanently. It is also pertinent to submit herewith that the applicant is a _____son of _____ and is possessing good landed property and other source of income. On the other hand the replying respondent is a ____destitute lady as her husband is_____ and she is getting no financial help from ______ and has no other source of income. The replying respondent has _____ children to take care of. The appointment of the replying respondent is perfectly in consonance with the ______ Rules for appointment of the Vidya Upasak. The replying respondent also belongs to _____OBC.
4. That the principle of falsus uno falsus omnibus applies against the applicant. __
5. That the applicant has got no indefeasible right in his favour. __
6. That the applicant has no locus standi to file the present OA
7. That the OA is also bad for non-disclosure of better particulars. The particulars have been purposely concealed. The applicant has not come with clean hands and therefore, the principle of suppressio veri suggestio falsi applies against the applicant. The applicant has purposely made mis-representation of facts. ________
8. That the applicant has not exhausted alternative remedies, which is mandatory requirement before coming before this Hon'ble Tribunal. The matter is not of urgent nature so as to approach this Hon'ble Tribunal without first exhausting the alternative remedies. No irrevocable or irreparable loss has been caused to the applicant neither any interim stay order was involved. Therefore, the OA is premature and deserves to be dismissed on this account alone.
9. That the OA is hit by gross delay and laches and is not maintainable. ______
10. That the OA is also not maintainable as all the applicants have different causes of action. Therefore, OA is bad for mis-joinder of cause of actions. _____
11. That without prejudice to above, _______. As per the Yojna the replying respondent scores marks as under viz-a-viz the applicant:-
S.No. Qualification Applicant Respondent
- Plus Two __ __
(for __% marks) (For __% marks)
- BA & above __ __
- __ __
(One Year Teaching Course)
- SC __ __
- Panchayat Resident 10 10
- Handicap __ __
- IRDP __ __
- Marks in Viva _
Total Marks __ __
12. From foregoings, it is amply evident that the replying respondent has scored more marks than the applicant and has thus correctly been selected. ________
Reply on Merits:
1. That the contents of this para of OA calls for no reply.
2. That the contents of this para of OA calls for no reply.
3. That the contents of this para of OA are wrong and denied. __
4. That the contents of this para of OA are wrong and denied.
5. That the contents of this para of OA are wrong and denied.
6. That the contents of this para of OA are wrong and denied.
(a) That the contents of this sub-para of OA are wrong and denied.
(b) That the contents of this sub-para of OA are wrong and denied.
(c) That the contents of this sub-para of OA are wrong and denied.
(d) That the contents of this sub-para of OA are wrong and denied.
7. That the contents of this para of OA are wrong and denied. __
8. That the contents of this para of OA are wrong and denied. It is respectfully submitted that the applicant has obtained ex-parte interim orders by suppression of material facts and as such the interim orders passed by this Hon'ble Tribunal deserves to be vacated and may kindly be vacated in the interest of justice with costs on the applicant. ________
9. That the contents of this para of OA are wrong and denied.
10. That the contents of this para of OA are wrong and denied.
11. That the contents of this para of OA are wrong and denied.
12. That the contents of this para of OA are wrong and denied.
(Name of Place) Replying Respondent No. ________
______ Through, Advocate
BEFORE THE HON'BLE ADMINISTRATIVE TRIBUNAL AT __________
OA No: _________
_________________________ Applicant
Versus
_________________________ Respondents
Affidavit in support of reply filed by the replying respondent No. ________
I,______, do hereby solemnly affirm and declare as under:-
1. That the accompanying reply has been prepared under my instructions.
2. That the contents of paras 1 to ______ of the Preliminary submission and paras 1 to 12 of the reply on merits are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is true, no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the ______.
Deponent
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL _________AT ______________
MA No.______ of ____ in OA No.: _________
___________________ Applicants/Non-Applicants
Versus
____________________ Respondents/Applicant
Application under Rule 8 (3) of ____________ Administrative Tribunal Rules for condonation of delay in filing of reply on behalf of the Replying Respondent
Respectfully:
1. That the above mentioned OA is filed in this Hon'ble Tribunal by the original applicants.
2. That this Hon'ble Tribunal was pleased to grant time to file the reply to the above OA. The replying respondent/applicant could not file the reply within the stipulated period as the replying respondent had to collect certain records. The delay in filing of the reply is neither intentional nor willful.
3. That filing of reply is essential for adjudication of the matter in interest of justice. The replying respondent could not file the reply within the stipulated time.
4. It is, therefore, most humbly prayed that the delay in filing of the reply may kindly be condoned and the reply may kindly be taken on record in the interest of justice. Such other order may also be passed as deemed fit and proper in the facts and circumstances of the case.
(Name of Place) Replying Respondent No. ______/Applicant
______ Through, Advocate
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL _____________ AT _____________________
MA No.:______ of _____ in OA No.: _______
_________________________ Applicant
Versus
_________________________ Respondents
Affidavit in support of application under Rule 8 (3) of ____________ Administrative Tribunal Rules
I,______, do hereby solemnly affirm and declare as under:-
1. That the accompanying application has been prepared under my instructions.
2. That the contents of paras 1 to 4 of the accompanying application are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the ______.
Deponent
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _____________
OA No.: _________
_________________________ Applicant
Versus
_________________________ Respondents
Index
|
SI No |
Annx |
Particulars of Documents |
Pages |
|
1. |
|
Reply |
1 |
|
2. |
|
Affidavit |
|
|
3. |
R-1 |
|
|
|
4. |
R-2 |
|
|
|
5. |
R-3 |
|
|
|
6. |
R-4 |
|
|
|
7 |
|
MA for Condonation |
|
|
8 |
|
Affidavit |
|
|
9 |
|
Power of Attorney |
|
(Name of Place) Replying Respondent No. _____
______ Through, Advocate
