CUT OF DATE OF DEGREE RECOGNITION
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _______________
O.. A. No:______ of _____
_______________________________________ Appellant.
VERSUS
________________________________________Respondent.
Application Under Section 19 of the Administrative Tribunals Act, 1985
Respectfully:
1) Particulars of the Applicant
As given in the Memo of Parties.
2) Particulars of the Respondents
As given in the Memo of Parties.
3) Impugned Order:
That the applicant is aggrieved by the impugned order dated ______ (Annexure A-1) issued by the respondents whereby they have put a cut off date as ______ for recognising the degree of ______ conferred by the ______ University, ______ through correspondence courses and not recognising the degree of ______. through correspondence courses conferred after ______.
4) Jurisdiction:
That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal.
5) Limitation:
That the applicant further declares that the application is within the limitation.
6) Facts of the Case:
6.1 That the applicant submits that
GROUNDS
6.2 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others:-
(a) That the impugned order issued by the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(b) That the cut-off date on ______ laid down by the respondents has no nexus with the object sought to be achieved by such notification.
(c) That there is no intelligible differentia for laying down the cut-off date on ______ and dividing the similarly situated ______degree holders through correspondence courses from the same institute into two unreasonable and irrational classes on the basis of dates of obtaining of their degrees since there is no qualitative or quantitative difference in the course undergone by them.
(d) That the applicant was legitimately expecting that his degree will also be recognised in the manner as the degree of other similarly situated persons have been recognised.
(e) That moreover, there is no logic behind laying the cut-off date on ______ by a notification dated ______ (Annexure A-1). The notification could have either been issued prospectively or even if the respondents have exercised the discretion vested with them to make any policy or decision retrospectively in that event it will as well cover the similarly situated persons prospectively and laying of cut of date on an imaginary and fictional point is illegal, illogical, discriminatory, unconstitutional and arbitrary. The respondents can not confer benefits on a favoured few by making mini-classifications on imaginary and fictional basis of date.
(f) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estoppel applies against the respondents.
(g) That the impugned order is against the well-settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
7) Reliefs Sought:
That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:-
(a) Quash the impugned order Annexure A-1 issued arbitrarily, malafidely and illegally by the respondents to the extent it lays down to cut off date on ______ by applying the principle of Severability and declare the impugned order Annexure A-1 as having prospective effect;
(b) Direct the respondents to recognise the degree of ______ conferred on the applicant by the ______University ______ through correspondence and accordingly list the name of the applicant amongst the ______ qualified candidates at its appropriate seniority;
(c) Direct the respondents to produce all the relevant documents along with reply for perusal by this Hon'ble Tribunal;
(d) Allow the cost of this O.A.;
(e) Pass such other order or directions as deemed fit and proper in favour of the applicant.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.
8) Interim Orders, If Prayed:
At this time no interim order is prayed for.
9) Details of Remedies Exhausted:
That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal.
10) Matter not Pending with any Other Courts Etc:
That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble Tribunal.
11) Particulars of Court Fees:
Court fees worth Rs ___/- is attached herewith.
12) Details of Index:
An index containing the details of the documents to be relied upon is enclosed herewith.
(Name of Place)
Applicant
Through, Advocates
Verification:
I, ______, do hereby verify that the contents of the above Interrogatories from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff / Defendant
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _______________
O. A. No:______ of ____
_______________________________________ Appellan
VERSUS
_______________________________________ Respondent.
Affidavit in support of O.A. under Section 19 of the __________ Administrative Tribunals Act 1985.
I,______, do hereby solemnly, affirm and declare as under:
- That the accompanying O.A. has been prepared under my instructions.
- That the contents of paras 1 to 12 of the accompanying application are correct and true to the best of my knowledge.
- That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge 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 ___________
O. A. No:______ of ____
_______________________________________Appellant.
VERSUS
_______________________________________Respondent.
Index
|
SI No |
Annx |
Particulars of Documents |
Pages |
|
1 |
|
Court Fees |
[I] |
|
2 |
|
Memo of Parties |
1 |
|
3 |
|
OA |
2 |
|
4 |
|
Affidavit |
|
|
5 |
A-1 |
|
|
|
6 |
A-2 |
|
|
|
7 |
A-3 |
|
|
|
8 |
A-4 |
|
|
|
9 |
|
Power of Attorney |
|
(Name of Place)
Applicant
Through, Advocates
