Writ Petition format
File Writ
under Article 226 and 227 to challenge order passed by Central Administrative
Tribunal against OA of Petitioner. [CD1]
SYNOPSIS
- That
the present Writ Petition under Article 226 read with 227 of the
Constitution of India is against the order dated _____________ passed by
the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi,
(hereinafter referred as 'Hon'ble Tribunal') in OA No. ___ of 20__ vide
which the Hon'ble Tribunal has disposed of the OA on the basis of an
interim order passed by this Hon'ble Court on ____ in Writ Petition (C)
No. ___ of ___ titled _____ & Ors _____ & Ors.
- That
in the said Petition it was wrongly mentioned that Mr. ______________, one
of the Batch mates of the Petitioner, has done ___ course. In fact he has
done _______ Course (the same course done by the Petitioner) from _____
and his candidature for the post of Primary teacher in MCD was rejected
with a remark 'overage' without giving age relaxation as per the direction
of this Hon'ble Court in Sachin Gupta and Ors Vs. Delhi Subordinate
Services Selection Board, Writ Petition.
- That
the Hon'ble Tribunal while disposing of the OA failed to consider the fact
that the above said Writ Petition was filed by concealing the fact that
disputes regarding educational qualification was already settled by this
Hon'ble Court vide order dated __________________ in. The copy of the said
order was in the file of the Hon'ble Tribunal, but without considering it
and on the basis of wrong statement given by the respondents that Mr.
____________ had done ____ course, the Hon'ble tribunal disposed of the
Original Application filed by the Petitioner.
- The Hon'ble Tribunal also failed the appreciate that
Writ Petition No. ________ of 20___ is barred by Res Judicata as all the
disputes regarding educational qualification
5.
i.e. ETE, Diploma in
Education and equivalent courses had been settled by this Hon'ble Court in
______ (supra) which was attained finality after the Hon'ble Supreme Court
allowed the Review Petition filed by Mr. _____.
- Brief facts about the
case are that pursuant to the Advertisement No. ______________ of Delhi Subordinate
Services Selection Board (DSSSB), the petitioner had applied for the post
of Primary Teacher in Municipal Corporation of Delhi (MCD) (Post Code
____) under OBC Category and appeared for Written Examination held on
_____________. She had secured _____ marks but her candidature was not
considered for the said Post and her name was displayed in the rejection
list published on ________ with a remark of "overage".
18.03.2021_
Maximum age limit for appointment to the post of Assistant Teacher ___ were
__
years for male and __
Years for Female.
08.05.2021___
Respondent No. 1 issued a notification and amended Recruitment rules for
appointment to the post of Assistant Teachers in NCT of Delhi and MCD and
prescribed the maximum age limit as 27 years for male as well as females.
07.11.
2021__ Respondent No. 2 issued advertisement No. _____ for the post Teacher
(primary)
in MCD
under the
Post Code
____. The
Petitioners applied.
20.07.
2021__ The Ld Tribunal directed the Respondent to herein finalise the
amendments in the RRs by applying classification of the post of enhancement of
the age.
02.02.
2021__ The Petitioner appeared in the
examination.
08.07. 2021_ Result
of the said written Test was published and the Petitioner had secured __ marks
(Cut off __).
05.12.
2021__ Government issued an office order No. ___ in which the Petitioner's name
was shown not eligible on the ground of "overage".
10.12. 2021__
Petitioner made representation to the authority appraising the fact that the
Petitioner is fully entitled to get age relaxation as per Hon'ble Delhi High
Court Judgment in ______.
July
2021__ Petitioner filed O A No. __ of 20__ with the Hon'ble Tribunal, being
aggrieved by the office order No. ___and Rejection Notice dated ___ and
challenged the order to an extent she is affected on the ground of
"overage".
03.10.20__ The
Hon'ble Tribunal disposed of OA No. ____ of 20__ with a liberty to the
applicant to seek re-consideration of the O.A after the disposal of the Writ
Petition (C) No.
___ of 20__ by this
Hon'ble Court.
Hence the Present Petition
WRIT PETITION NO_____
OF 20__[CD3]
IN THE MATTER OF:
_______________
....... PETITIONER
VERSUS
_______________ &
ORS ....... RESPONDENTS
TO,
THE HON'BLE CHIEF
JUSTICE AND HIS COMPANION JUDGES OF THE HON'BLE HIGH COURT OF DELHI.
THE PETITIONERS ABOVE
NAMED
WRIT
PETITION UNDER ARTICLE 226 READ WITH 227 OF THE CONSTITUTION OF INDIA AGAINST
THE JUDGMENT AND ORDER DATED _______ PASSED BY THE HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL IN OA NO. ___ OF __.
MOST
RESPECTFULLY SHEWETH:
1. That
the present Writ Petition under Article 226 read with 227 of the Constitution
of India is against the order dated _____________ passed by the Hon'ble Central
Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred as
'Hon'ble Tribunal') in OA No. ___ of 20__ vide which the Hon'ble Tribunal has
disposed of the OA on the basis of an interim order passed by this Hon'ble
Court on ____ in Writ Petition (C) No. ___ of ___ titled _____ & Ors _____
& Ors. A copy of the order dated 03.10.20__ passed by the Hon'ble Central
Administrative Tribunal in O.A. No. ___ of 20__ is annexed and marked as
Annexure P-1 (Pages _________).
FACTS LEADING TO
FILING OF THE PRESENT PETITION
2. Brief
facts necessary for deciding the Present petition are as follows:
(i) That
Petitioner has done _____________ in the year _____from ______.
(ii) That
pursuant to the Advertisement No. ___ of 20__ of DSSSB the Petitioner had
applied for the Post of Primary Teacher in ____, Post Code ___ and participated
in the selection process, Roll No. ____. She got ___ Marks. Despite the
applicant having secured more marks than the cut-off marks (__) for OBC
category, she has not been considered for appointment on the ground of being
'overage'. In the rejection order No. __ dated 05.12.20__, the applicants name
figures at Sr. No. __.
(iii) The
Petitioner had challenged the impugned rejection order No. __ dated ____ in the
Central Administrative Tribunal by
way of
O.A. No. A copy of entire CAT Record of O.A. No.
___/___ filed by Petitioner with the Central Administrative Tribunal is annexed
herewith and attached as Annexure P-3 (Pages _________).
(iv) Pursuant
to the notices issued, the respondents entered appearance and filed replies, to
which the Petitioner has filed separate rejoinders.
(v) That
after hearing these submission of the Respondents, the Hon'ble Central Administrative
Tribunal on 03.10.20__, disposed of the OA filed by the Petitioner with the
following observations/Directions:
(vi) That
the Hon'ble Tribunal did not try to verify the facts from the records which
show that ___________had done Diploma in Education from Bhopal which is the
same qualification of Petitioner.
(vii) That
since the dispute regarding equivalence of educational qualification was
already settled; the Hon'ble Supreme Court in the Judgment used the word
"__" just to represent the educational qualification.
(viii)
That the Respondents have
wrongly twisted the facts in such a way that Mr. _________ had done ____ course
not Diploma in Education from Bhopal, hence his Review Petition was allowed.
[CD4]
3.
GROUNDS:
B.
Because the Hon'ble Tribunal
failed to appreciate that the Petitioners in Writ Petition (C) No. ____ of 20__
have concealed the fact
C.
Because the Hon'ble Tribunal
did not consider all these facts while disposing of O.A No. ____ of 20__ which
resulted violation of rights guaranteed to the Petitioners under Article 14 and
16 of the Constitution of India.
4.
That the petitioners submit
that no other petition against the impugned order has been filed by the
petitioner.
5.
That the petitioners do not
have no other efficacious alternative remedy than to file the present writ
petition. [CD5]
PRAYERS
In
view of the facts & circumstances stated above, it is most respectfully
prayed that this Hon'ble Court may be pleased to:-
b) Any other relief, order or
direction this court may deem fit and proper under the facts and circumstances
of this case. [CD6]
THROUGH;
COUNSEL
FOR THE PETITIONERS
MUMBAI
Dated: __.__.2021
Writ
Petition to High Court under Article 226 of Constitution of India seeking
appropriate Writ for Fundamental Right, filed in High Court for
direction against violation of fundamental right. [CD7]
You
file Writ Petition under Article 226 of the Constitution when your fundamental
rights are affected. While filing the Writ Petition, necessary copies of
documents needs to be annexed. Format of Writ Petition seeking direction from
the High Court against the Government authority is given below. It can be
downloaded in MS Word format also, so that you can prepare it on the basis of
draft Writ Petition. There are five writ petition types in the Indian
constitution, which you can file either before the High Court such as:
1. Habeas
Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo
Warranto
SYNOPSIS
2. That
the petitioners are Senior Citizens aged __ and __ years and Parents of Respondent
No.4, _____________, who has been staying in the Premises of Respondent No. 5
______________________ since July 20__. The Petitioners being senior citizens
need the support of Respondent No. 4 to take care of their health, necessities
etc.
3. That
the Petitioners have strong doubts on the Respondent No. 5 kept their
Respondent No. 4 under the influence of drugs or any other substance.
4. That
Respondent No. 4 is an Engineer and was earning Rs. 24 Lakh a year and when she
joined Respondent No.5. The Petitioners have strong doubt that Respondent No. 5
has trapped her for the sake of bank deposit.
5. That
the Respondent No. 4 categorically told on ______ through phone that she is not
interested to talk to the Petitioners as they are not left hope on her and
continuously raising the issue in Court, government authorities, Media and
Police stations.
6. That
as per Section 4 of the Maintenance and Welfare of Parents and Senior Citizens
Act, 2007, the Children are obliged to maintain a senior citizen to the needs
of such citizen so that senior citizen may lead a normal life.
7.
That as per Section 5 of the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 the Application
for maintenance should be filed in Tribunal, but due to the Peculiar situation
in this matter, as the Respondent No. 4 is confined in the Ashram of Respondent
No.5, the Petitioners are approaching this Hon'ble Court for Justice. [CD8]
LIST
OF DATES AND EVENTS
2016-19 Petitioner No.2 made several
complaints to Police and government authorities for return of their daughter.
But there was no action on the part of the authorities.
15.1.20__ Respondent
No.4 categorically told to the Petitioners on Mobile phone that she is not
willing to meet or talk to them as they are continuously maligning the
Respondents No. 5 by making complaints to Police and approaching Media. She has
told to the Petitioners that since this Hon'ble court expressed helplessness in
the pending PIL, nothing will happen to the Respondents No. 5. [CD9]
__.02.20__ Hence the
instant Writ Petition
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL
ORIGINAL JURISDICTION
WRIT
PETITION (CIVIL) NO. OF 2021
IN
THE MATTER OF:
A B C ... PETITIONERS
VERSUS
XYZ ... RESPONDENTS
To,
The
Hon'ble Chief Justice of High Court, And His Companion Judges of the
Hon'ble High Court of
Delhi.
The humble petition
of the
Petitioner above
named.
MOST RESPECTFULLY SHEWETH:
1. The
Petitioners are filing the present Writ Petition under Article 226 of the
Constitution of India Praying inter alia for issuing Writ of Mandamus and other
appropriate Writ for directing the Respondent No. 1 to Release Respondent No. 4
from the premises of Respondent No. 5, seeking direction to Respondent No. 1 inquire
into the incident of keeping Respondent No.4 in confinement by Respondent No. 5
in an illegal building without basic amenities and in un healthy conditions,
conduct proper medical tests on Respondent No. 4 and also seeking Direction to
Respondent No. 4 to take care of ailing Petitioners at their old age and
provide maintenance to them under Section 4 of Maintenance of Parents and
Senior Citizens
Act 2007.
2. That
Petitioner No. 1 is __ years old mother of Respondent No.4 and is a House wife.
3. That
Petitioner No. 2 is father of Respondent No. 4 and he is __ years old.
4. That
Respondent No. 4 is the daughter of Petitioner No. 1 and 2.
5. That
the Petitioners being retired senior citizens need the support of their
daughter as they do not have sons, no other person, to take care of their
health, necessities etc. Petitioner No. 1 is suffering from various ailments
like joints pain on legs, tooth pain which require root canal treatment and
other old age problems. Petitioner No.2 is facing high blood pressure, heart
related health issues and he requires regular medical check-up.
6.
The Petitioners are running
pillar to post to get their constitutional rights. They have approached Delhi
Police and Central Government to handover their daughter to them, but no action
has been taken by the authorities against the Respondent No. 5, to release
their daughter.
7. That
the Petitioners have strong doubts on Respondent No. 5, that his team kept
their daughter under the influence of drugs or any other substance.
8. It
is submitted that the Petitioners have only one daughter Respondent No. 4 is
living in the premises of Respondent No. 5 in Delhi, India and she deserted her
senior citizen parents at their old age.
9.
That as per Section 4 of the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 the Children
are obliged to maintain a senior citizen to the needs of such citizen so that
senior citizen may lead a normal life. Extracts of Section 4 of the Act is as
under:
"4. Maintenance
of parents and senior citizens.-(1) A senior citizen including parent who is
unable to maintain himself from his own earning or out of the property owned by
him, shall be entitled to make an application under section 5 in case of-
(i)
parent or grand-parent,
against one or more of his children not being a minor;
(ii) a
childless senior citizen, against such of his relative referred to in clause
(g) of section 2.
(2)
The obligation of the
children or relative, as the case may be, to maintain a senior citizen extends
to the needs of such citizen so that senior citizen may lead a normal life.
(3)
The obligation of the
children to maintain his or her parent extends to the needs of such parent
either father or mother or both, as the case may be, so that such parent may
lead a normal life.
(4)
Any person being a relative
of a senior citizen and having sufficient means shall maintain such senior
citizen provided he is in possession of the property of such citizen or he
would inherit the property of such senior citizen:
Provided that where
more than one relatives are entitled to inherit the property of a senior
citizen, the maintenance shall be payable by such relative in the proportion in
which they would inherit his property."
True
copy of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is
annexed herewith and marked as Annexure P-1.
9.
That as per Section 5 of the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 the
Application for maintenance should be file in Tribunal, but due to the Peculiar
circumstances in this matter as the Respondent No.4 is confined in the Building
of Respondent No. 5 the Petitioners are approaching this Hon'ble Court for
Justice.
10.
That on April ____ the
Petitioners filed complaint with Station House Officer, Police Station
___________ New Delhi requesting appropriate action in securing their daughter
safely from the centre. Copy of the letter dated April 1, 2016 sent by the
Petitioners to SHO, ___________ Police Station is annexed herewith and marked
as Annexure P-2.
11.
That on April _____the
Petitioners wrote to the Delhi Commission for women, ITO, New Delhi requesting
them to take appropriate action in securing their daughter safely from the
centre and help in restoring peace to the family on humanitarian ground. Copy
of the letter dated April ____ sent by the Petitioner to Delhi Commission for
Women is annexed herewith and marked as Annexure P-3.
12.
That Respondent No. 3 not
yet arrested Respondent No. 5 against whom several serious criminal cases are
registered by CBI. The Financial transactions of Respondent No. 5 are also
needs to be verified by a competent authority. Because even after the hiding of
founder of the Respondent No. 5, it has been running un interruptedly in an
illegal/un authorised building and getting all kind of financial, strategic
support.
13.
That being aggrieved, the
Petitioner has no other alternative remedy but to approach this Hon'ble Court
and invoke Article 226 of the Constitution of India on the following amongst
other grounds which are urged hereinafter without prejudice to each other.
GROUNDS
That the present Writ
Petition is being filed on the following, amongst other, grounds without
prejudice to each other;
B. Because
the Petitioners have strong doubts on Respondent No. 5 kept their daughter
under the influence of drugs or any other substance.
C. Because
the Petitioners have only one daughter, Respondent No. 4 is living in the
Ashram and she deserted her senior citizen parents. The Petitioners have no
other close relatives to look after them.
D. Because
as per Section 5 of the Maintenance and Welfare of Parents and Senior Citizens
Act, 2007 the Application for maintenance should be file in Tribunal, but due
to the Peculiar situation in this matter as the Respondent No. 4 is confined in
the Ashram of Respondent No. 6 the Petitioners are approaching this Hon'ble
Court for Justice.
14.
That the Petitioners have no
other efficacious remedy except to approach this Hon'ble Court by way of this
Petition under Article 226 of the Constitution of India.
15.
That the Petitioners have
not filed any other petition, claim, suit or preceding in any court or tribunal
throughout the territory of India regarding the matter in dispute. [CD11]
PRAYERS
In view of the facts
& circumstances stated above, it is most respectfully prayed that this
Hon'ble Court may be pleased to:-
b) Issue
an appropriate Writ to the Respondent No. 4 to take care of her ailing parents,
give maintenance to them as per Section 4 of Maintenance of Parents and Senior
Citizens Act 2007;
c) Any
other relief, order or direction this court may deem fit and proper under the
facts and circumstances of this case. [CD12]
AND FOR THIS ACT OF
KINDNESS THE PETITIONER AS DUTY BOUND SHALL EVERY PRAY.
THROUGH
ADVOCATES FOR THE PETITIONERS
Writ
Petition of Habeas Corpus to High Court under Article 226 of Constitution to
release a person, Quash order and pay compensation.
The word habeas
corpus literally means to have a body. A writ of habeas corpus is in the nature
of an order upon the person who has detained another to produce the latter
before the court, in order to let the court know on what ground he has been
confined and set him free if there is no legal justification for the
imprisonment.
Sample format of Writ
of Habeas Corpus to High Court is given below. This is only body of the Writ
Petition. Please include other details also:
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL ORIGINAL
JURISDICTION
WRIT PETITION
(CRIMINAL) NO. OF 2020[CD13]
(UNDER ARTICLE 226 OF THE CONSTITUTION
OF INDIA) IN THE MATTER OF:
______ S/O
___________
AGED ABOUT ____ YEARS
RESIDENT OF
__________
THROUGH ____ S/O ___,
AGED
_____
YEAR AS NEXT
FRIEND
PETITIONER
VERSUS
1. STATE
GOVERNMENT
HOME
DEPARTMENT
DELHI
RESPONDENT NO. 1
2. DISTRICT
MAGISTRATE
TEES
HAZARI COURT
NEW DELHI
RESPONDENT NO. 2
3. SUPERINTENDENT
TIHAR
JAIL
NEW DELHI
RESPONDENT NO. 3
WRIT
PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR
ISSUING WRIT OF HABEAS CORPUS TO RESPONDENT NO. 1, 2 AND 3 THEREBY QUASHING THE
IMPUGNED ORDER AND DIRECTING THE RELEASE OF THE PETITIONER AND GRANTING
REASONABLE COMPENSATION [CD14]
TO
THE PETITIONER
To,
The
Hon'ble Chief Justice of High Court, And His Companion Judges of the Hon’ble
High Court of Delhi.
The
humble petition of the Petitioner above named.
1. That
the Petitioner is filing the present writ petition under article 226 of the
constitution of India praying inter alia for issuing writ of habeas corpus to
respondent no. 1, 2 and 3 thereby quashing the impugned order and directing the
release of the petitioner and granting reasonable compensation to the
petitioner.
2. That
the petitioner resides in _________ and has been a law-abiding citizen of
India.
3. That
on ___day of____, the Petitioner was arrested and detained for a period of 2
months in the Tihar Jail, New Delhi, wherein the Respondent No. 3 is the
Superintendent, with an order passed by the Respondent No.1 dated ___under the
National Security Act, 1980. A copy of the order by the Respondent No. 1 has
been annexed herewith as Annexure 1.
4. That,
on the date of getting detained and arrested in the Tihar Jail. The Petitioner
was not informed about the grounds of his detention by Respondent No. 3.
5. That
after Ten days of getting arrested and detained, the Petitioner was informed of
his ground of arrest and detention.
6. The
report of the ground of detention was furnished to the Petitioner in English,
which is not understood by the Petitioner.
7. The
Petitioner's father is interested in the release of the Petitioner from the
detention.
8. That
the Petitioners have no other efficacious remedy except to approach this
Hon'ble Court by way of this Petition under Article 226 of the Constitution of
India.
9. That
the Petitioners have not filed any other petition or preceding in any court or
tribunal throughout the territory of India regarding the matter.
10.
Therefore, the order by
Respondent No. 1 dated______, is illegal, arbitrary and with lack of jurisdiction
because of the following grounds given below:-
GROUNDS
That the present Writ
Petition is being filed on the following, amongst other, grounds without
prejudice to each other;
a. Because
the grounds of detention were furnished to the Petitioner after prolonged
delay.
b. Because
the Petitioner's detention is violative of Article 21 of the Indian
Constitution.
c. Because
the grounds of detention of the Petitioner was given in English, which is not
comprehensible for the Petitioner.
d. Because
he grounds of detention is very arbitrary and vague. [CD15]
PRAYERS
In
view of the facts & circumstances stated above, it is most respectfully
prayed that this Hon'ble Court may be pleased to:-
a) Issue
a Writ of Habeas Corpus to the Respondent 1 to 3 thereby quashing the impugned
order;
b) Issue
an appropriate Writ Directing release of the Petitioner;
c) Issue
appropriate Writ granting reasonable compensation to the Petitioner;
d) Any
other relief, order or direction this court may deem fit and proper under the
facts and circumstances of this case. [CD16]
AND FOR THIS ACT OF
KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED
BY:
(________________)
ADVOCATE FOR THE PETITIONER
DRAWN ON: Drawn by:
New
Delhi Date:
OTHER INFORMATION,
DOCUMENTS TO BE INCLUDED WITH WRIT PETITION
2. Urgent
application
3. Court
fee
4. Certificate
5. Synopsis
& list of dates
6. Memo
of parties
7. Annexure
to the Petition
8. Application
for exemption from filing certified copies, dim and small font annexures with
affidavit.
9. Vakalatnama
on behalf of the petitioner.
Writ
Petition of Mandamus to High Court under Article 226 of Constitution to quash
termination order, Reinstate Petitioner and pay back wages.
Format of Writ
Petition seeking mandamus to the High Court under Article 226 of the
Constitution. Download Format.
A
writ of mandamus is a direction to an authority to either do or refrain from
doing a particular act. For instance, a writ to the Police Department to to
strictly enforce Traffic Rules under the Acts. For a mandamus to be issued, it
must be shown:
a) That
the authority was under obligation, statutory or otherwise to act in a
particular manner;
b) that
the said authority failed in performing such obligation;
c) that
such failure has resulted in some specific violation of a fundamental right of
either the petitioner or an indeterminate class of persons.
Sample and brief
format of Writ of Mandamus to High Court is given below. This is only body of
the Writ Petition. Please include other details also:
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL
(EXTRA-ORDINARY) JURISDICTION
WRIT
PETITION (CIVIL) NO. OF 2021
(UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA)
IN
THE MATTER OF:[CD18]
1.
________________________ S/o ______________________
R/o_______________________
PETITIONER
VERSUS
1. ABC
Company Ltd having its registered office at_____
Through its
Chairman____
RESPONDENT NO. 1
2. The
Managing Director
ABC Company Ltd
RESPONDENT NO. 2
WRIT PETITION UNDER
ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR QUASHING THE
IMPUGNED ORDER DATED ____PASSED BY RESPONDENT NO.1 AND REINSTATING THE
PETITIONER IN SERVICE WITH ALL CONSEQUENTIAL BENEFITS INCLUDING BACK WAGES [CD19]
To,
The
Hon'ble Chief Justice of High Court, And His Companion Judges of the Hon’ble
High Court of Delhi.
The humble petition
of the Petitioner above named.
THE PETITIONER MOST
RESPECTFULLY SHEWETH:
1. That the Petitioner is
filing the present writ petition under article 226 of the constitution of India
praying inter alia for quashing the impugned order dated ____ passed by
Respondent No. 1______ and reinstating the petitioner in service with all consequential
benefits including back wages.
2. That the petitioner is a
citizen of India and is therefore entitled to enjoy all the rights guaranteed
by the Constitution of India.
3. That respondent No. 1 is a
company registered under the Companies Act, 2013 having its registered office
at_________.
4. That respondent No. 2 is
the Managing Director of the Company with powers of Appointment, termination
and manage all day to day affairs of the Company.
5. The respondent-company is
wholly owned by the Government of India and is, thus, an instrumentality of
state is given in Article 12 of the Constitution.
6. That the petitioner was
working as ______________ with respondent-company and was appointed on _______.
He has been a diligent employee and been discharging his duties and obligations
according to the employment norms and applicable rules of the Respondent
Company.
7. That on_____ respondent No.
2 issued the impugned order dated_____ terminating the services of the
petitioner without giving an opportunity to be heard to the Petitioner. The
petitioner came to be relieved of his duties on ______. A copy of the impugned
order is annexed hereto and marked as ANNEXURE-1.
8. The Petitioner states that
the order of the termination of the service of the Petitioner was passed
without following the due process of the principle of nature justice.
9. That the Petitioner has
been discharging his duty as an employee according to the Respondent Company
norms and therefore has not committed any act which would constitute as
misconduct.
GROUNDS
a. Because
the petitioner being a permanent employee of the respondent-company his
services could not be terminating without holding an enquiry under the rules
applicable to the employees of the company.
b. Because
the termination of the Petitioner is against the principle of natural justice
as the Respondent was not given opportunity to heard.
c.
Because the impugned order
is arbitrary and contravenes Article 14 and Article 21 of the Constitution.
11. That
the Petitioners have no other efficacious remedy except to approach this
Hon'ble Court by way of this Petition under Article 226 of the Constitution of
India.
12. That
the Petitioners have not filed any other petition or preceding in any court or
tribunal throughout the territory of India regarding the matter. [CD20]
PRAYERS
In view of the facts
& circumstances stated above, it is most respectfully prayed that this
Hon'ble Court may be pleased to:-
b) Issue
an appropriate Writ Directing the Respondents to pay Cost to the Petitioner;
c) Any
other relief, order or direction this court may deem fit and proper under the
facts and circumstances of this case. [CD21]
AND FOR THIS ACT OF
KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED
BY:
(________________)
ADVOCATE FOR THE
PETITIONER
DRAWN ON: Drawn by:
New
Delhi Date:
OTHER DOCUMENTS TO BE
INCLUDED WITH WRIT PETITION OF MANDAMUS
2. Urgent
application
3. Court
fee
4. Certificate
5. Synopsis
& list of dates
6. Memo
of parties
7. Annexure
to the Petition
8. Application
for exemption from filing certified copies, dim and small font Annexure with
affidavit.
9. Vakalatnama
on behalf of the petitioner. [CD22]
Writ Petition seeking
Writ of Prohibition from High Court under Article 226 of Constitution to
prohibit Respondents from proceeding with disciplinary action.
Format of Writ
Petition seeking Writ of Prohibition from the High Court under Article 226 of
the Constitution.
A
writ of prohibition issues to prevent a judicial authority subordinate to the
High Court from exercising jurisdiction over a matter pending before it. This
could be on the ground that the authority lacks jurisdiction and further that
prejudice would be caused if the authority proceeds to decide the matter. Where
the authority is found to be biased and refuses to rescue, a writ of
prohibition may issue.
Sample format of Writ
of Prohibition to High Court is given below. This is only body of the Writ
Petition. Please include other details also:
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL
(EXTRA-ORDINARY) JURISDICTION
WRIT
PETITION (CIVIL) NO. OF 20__
(UNDER
ARTICLE 226 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF:[CD23]
1.
Mr. ____________ son of _________
Resident
of _________
PETITIONER
VERSUS
1. _____
Company Ltd
New
Delhi
RESPONDENT NO. 1
2. Manager
Accounts
Accounts
Department
____Company
Ltd
New
Delhi
RESPONDENT NO. 2
3. The
Chief Executive Officer
_____
Company Ltd
New
Delhi
RESPONDENT NO. 3
WRIT PETITION UNDER
ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE
NATURE OF PROHIBITION TO THE RESPONDENTS, PROHIBITING THEM FROM PROCEEDING
FURTHER WITH THE DISCIPLINARY PROCEEDING ON THE BASIS OF THE ENQUIRY REPORT OF
RESPONDENT NO. 2. [CD24]
To,
The
Hon'ble Chief Justice of High Court, And His Companion Judges of the Hon'ble
High Court of Delhi.
The
humble petition of the Petitioner above named.
THE PETITIONER MOST
RESPECTFULLY SHEWETH:
1. That
the Petitioner is filing the present writ petition under article 226 of the
constitution of India Praying for direction or order in the nature of
prohibition to the respondents , prohibiting them from proceeding further with
the disciplinary proceeding on the basis of the enquiry report of respondent
No. 2.
2. That,
the Petitioner was appointed as the Accounts Executive of Respondent No.1, a
Government Company, having its registered office at ___________ on _________.
3. That
Respondent No. 1 Company is discharging public functions and financed by the
State of _________, and is a "State" under Article 12 of the Indian
Constitution. Therefore, this petition against the Company is amenable before
this Honbl'e Court.
4. The
Petitioner has served the Company as Accountant for the period of 2 years
before being promoted as the Accounts Executive. The Petitioner has been a
diligent employee of the Company since the date of his appointment.
5. That,
on _____, while serving as Accounts Executive, he was served with a
disciplinary notice stating his inefficiency in performance. Copy of the
disciplinary Notice is Annexed herewith and Attached as Annexure P1.
6.
The enquiry into the said
charges was made by the Accounts Manager of the Company. On the basis of the report
of Respondent No. 2 which was send to the Respondent 3 a show cause notice
dated _________ was sent to the Petitioner, stating why he should not be
dismissed from service. A copy of the said show cause notice is Annexed
herewith and attached as Annexure-P2.
7. That
according to the Company Rules, the enquiry into the disciplinary charges is to
be only made by the third-party enquiry officer. The enquiry was made by a
person not duly authorized to do so, i.e. Respondent No.2.
GROUNDS
i. Because
the procedure adopted by the Company in initiating disciplinary proceedings is
against the Company's rules i.e. Rule _____and regulations.
ii. Because
the enquiry report of the Respondent No. 2 is not valid as he is the Reporting
Manager of the Petitioner. The Petitioner had filed Complaint to the Management
of the Company against Respondent No. 2 on ______ with corruption allegation
and siphoning of funds. So Respondent No. 2 has personal enmity to the
Petitioner due to reporting of his corruption case to the management.
iii. Because
the Respondent No. 2 does not have the jurisdiction to prepare an enquiry
report as per the Company's Rules and Regulations. [CD25]
PRAYERS
In
view of the facts & circumstances stated above, it is most respectfully
prayed that this Hon'ble Court may be pleased to:-
b) Any other relief, order or
direction this court may deem fit and proper under the facts and circumstances of
this case. [CD26]
AND FOR THIS ACT OF
KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED
BY:
(________________)
ADVOCATE FOR THE
PETITIONER
DRAWN ON: Drawn by:
New Delhi Date:
OTHER INFORMATION,
DOCUMENTS TO BE ATTACHED WITH WRIT PETITION
2. Urgent
application
3. Court
fee
4. Certificate
5. Synopsis
& list of dates
6. Memo
of parties
7. Annexure
to the Petition
8. Application
for exemption from filing certified copies, dim and small font annexures with
affidavit.
9. Vakalatnama
on behalf of the petitioner. [CD27]
Writ Petition seeking
Writ of Certiorari in High Court under Article 226 of Constitution to quash
order of an order.
Format of Writ
Petition seeking Writ of Certiorari in the High Court under Article 226 of the
Constitution. Download Format.
A
writ of certiorari is a direction to an authority to produce before the Court
the records on the basis of which a decision under challenge in the writ
petition has been taken. By looking into those records, the Court will examine
whether the authority applied its mind to the relevant materials before it took
the decision. If the Court finds that no reasonable person could come to the
decision in question, it will set aside (quash) that decision and give a
further direction to the authority to consider the matter afresh.
Sample format of Writ
of Certiorari to High Court is given below. This is only body of the Writ
Petition. Please include other details also:
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL
JURISDICTION
WRIT
PETITION (CIVIL) NO. OF 20__
(UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA)
IN THE MATTER OF:[CD28]
1.
Mr. ____________ son of _________
Resident
of _________
PETITIONER
VERSUS
1. State
of _____
Pollution
Department
RESPONDENT NO. 1 Through its Secretary
2. South
Delhi Municipal Commissioner
New
Delhi
RESPONDENT NO. 2
3. Pollution
Control Department
New
Delhi
RESPONDENT NO. 3
WRIT PETITION UNDER
ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE
NATURE OF CERTIORARI TO THE RESPONDENTS AND QUASH ORDER DATED___ PASSED BY THE
RESPONDENT NO. 3. [CD29]
To,
The
Hon'ble Chief Justice of High Court, And His Companion Judges of the Hon'ble
High Court of Delhi.
The humble petition
of the Petitioner above named.
THE PETITIONER MOST
RESPECTFULLY SHOWETH:
1. That the Petitioner is
filing the present writ petition under article 226 of the constitution of India
Praying for direction or order in the nature of Certiorari to the respondents
and quash order dated ______ passed by respondent No. 3.
2. That, the Petitioner is a
Law abiding Citizen of India and residing the above address.
3. That the Petitioner runs a
Coffee Shop in the name and style of Sit and enjoy at ______, New Delhi.
4. The Petitioner has obtained
all necessary licenses and permission from the State and local authorities
according to the applicable laws of India for conducting his business.
5. That Petitioner held a
______ License No. ______dated____, and has been carrying on this business for
the last ten years and has gained a good reputation for his service in India. A
copy of the ____ License has been annexed hereunder as ANNEXURE P1.
6. The Petitioner on _____
received a notice from the Respondent No. 3 to show cause and give explanation
that why should not his license be revoked for polluting the environment
through effluents from Coffee House. The notice also required the Petitioner to
produce the license before the Respondent No. 3. A copy of the notice has been
annexed hereunder as ANNEXURE P2.
7. The Petitioner pursuant to
the notice dated____, submitted his explanation, wherein he stated that he did
not pollute the environment from running the coffee shop and effluents from
coffee shop is very limited and directly processing it.
8. Thereafter, the Respondent
No.3, cancelled the ________ license of the Petitioner without giving proper
consideration to the submission of the Petitioner by order dated ___.
9. The Petitioner aggrieved by
the impugned order of the Respondent has approach this Hon'ble Court.
10.
The
Petitioner submits that the order dated ______by Respondent No. 3 are arbitrary
and void amongst other.
GROUNDS
That the present Writ
Petition is being filed on the following, amongst other, grounds without
prejudice to each other;
b) Because
Respondent No. 3 have not applied their minds to the facts of the case.
c) Because
order dated____ by issued by Respondent No. 3 is in violation of Article
19(1)(g) of the Indian Constitution. [CD30]
PRAYERS
In
view of the facts & circumstances stated above, it is most respectfully
prayed that this Hon'ble Court may be pleased to:-
a) Issue
a Writ in the nature of Certiorari to the Respondents and quash order dated
____ passed by Respondent No.3;
b) Any
other relief, order or direction this court may deem fit and proper under the
facts and circumstances of this case. [CD31]
AND FOR THIS ACT OF
KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED
BY:
(________________)
ADVOCATE FOR THE
PETITIONER
DRAWN ON: Drawn by:
New
Delhi Date:
OTHER DOCUMENTS TO BE
ATTACHED WITH WRIT OF CERTIORARI PETITION
2. Urgent
application
3. Court
fee
4. Certificate
5. Synopsis
& list of dates
6. Memo
of parties
7. Annexure
to the Petition including impugned order and relevant other orders
8. Application
for exemption from filing certified copies, dim and small font annexures with
affidavit.
9. Vakalatnama
on behalf of the petitioner. [CD32]
Writ Petition seeking
Writ of Quo Warranto in High Court under Article 226 of Constitution to cancel
illegal appointment order and remove person illegally appointed. [CD33]
Format of Writ
Petition seeking Writ of Quo Warranto in the High Court under Article 226 of
the Constitution.
A
petition seeking a writ of quo warranto questions the legal basis and authority
of a person appointed to public office. For instance, the appointment of a
member of a Railway Board not qualified to hold the post can be questioned by a
writ of quo Warranto and appointment nullified if found to be illegal.
A
writ of declaration issues to declare an executive, legislative or quasi-
judicial act to be invalid in law. A petition seeking such declaratory relief
must also necessarily seek certain consequential relief. For instance,
immediate discontinuance of the illegal practice and appropriate remedial
compensation.
Sample format of Writ
of Quo Warranto to High Court is given below. This is only body of the Writ
Petition. Please include other details also:
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.
OF 20__
(UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA) IN THE MATTER OF:[CD34]
1.
Mr. ____________ son of _________
Resident
of _________
PETITIONER
VERSUS
1. _____________
___________ College
New
Delhi
Through
its Principal
RESPONDENT NO. 1
2. The
Chairman
University Grant
Commission
New Delhi RESPONDENT
NO. 2
3. Mr.
_________________
Assistant Professor
___________
College
RESPONDENT NO. 3
New Delhi
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF
INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF QUO WARRANTO TO THE
RESPONDENTS AND REMOVE RESPONDENT NO. 3 FROM THE POST OF ASSISTANT PROCESSOR. [CD35]
To,
The
Hon'ble Chief Justice of High Court, And His Companion Judges of the Hon'ble
High Court of Delhi.
The humble petition
of the Petitioner above named.
THE PETITIONER MOST
RESPECTFULLY SHEWETH:
1. That
the Petitioner is filing the present writ petition under article 226 of the
constitution of India Praying for direction or order in the nature of Quo
Warranto to the respondents and remove Respondent No. 3 from Assistant
Professor Post.
2. That,
the Petitioner is a Law-abiding Citizen of India and residing the above
address.
3. That
the Petitioner has approached this Hon'ble Court seeking issuance of a writ in
nature of a Quo Warranto against Respondent No. 3, questioning his appointment
and for his consequent removal from the post of the Assistant Professor.
4. That,
on__________, the Respondent No. 3 has been appointed as Assistant Professor
with _____________ College. Copy of Appointment letter is attached herewith and
marked as Annexure P1.
5. That
Respondent No. 3 has not qualified NET examination and not eligible to appoint
as Assistant Professor as per the UGC Regulations to appoint as Assistant
Professor. His appointment is in violation of Section ____ of UGC Act and UGC
Notification Dated ______. Copy of relevant sections of UGC Act and UGC
Notification dated _____ is attached herewith and marked as Annexure P2.
6. The
Petitioner aggrieved by the impugned Appointment order of the Respondent No. 1
has approach this Hon'ble Court.
9.
The Petitioner submits that the order dated ______by Respondent No. 1 is in
Violation of UGC Act and UGC Notification regarding qualification of teachers
to be appointed in colleges.
GROUNDS
That the present Writ
Petition is being filed on the following, amongst other, grounds without
prejudice to each other;
a) Because
the appointment order dated ______ is in violation of UGC Act.
b) Because
Respondent No. 3 has not cleared National Education Test examination, hence he
is not eligible to be appointed as Assistant Professor in a Government College
under UGC.
c) Because
UGC Notification dated____ clearly states that a Person qualified NET
examination only can be appointed as Assistant professor in a College.
d) Because
the appointment is illegal and unsustainable in law as the eligibility
conditions are totally ignored / violated.
[CD36]
PRAYERS
In
view of the facts & circumstances stated above, it is most respectfully
prayed that this Hon'ble Court may be pleased to:-
a) Issue
a Writ in the nature of Quo Warranto to the Respondents to remove
Respondent No. 3 from the Post of Assistant
professor;
b) Any
other relief, order or direction this court may deem fit and proper under the
facts and circumstances of this case. [CD37]
AND FOR THIS ACT OF
KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED
BY:
(________________)
ADVOCATE FOR THE PETITIONER
DRAWN
ON:
Drawn by:
New Delhi Date:
DOCUMENTS TO BE
ATTACHED WITH WRIT PETITION OF QUO WARRANTO
2. Urgent
application
3. Court
fee
4. Certificate
5. Synopsis
& list of dates
6. Memo
of parties
7. Annexure
to the Petition including impugned appointment / other order and relevant
documents
8. Application
for exemption from filing certified copies, dim and small font annexures with
affidavit.
9. Vakalatnama
on behalf of the petitioner.
[CD1]File Writ under
Article 226 and 227 to challenge order passed by Central Administrative
Tribunal against OA of Petitioner.
[CD3]WRIT
PETITION UNDER ARTICLE 226 READ WITH 227 OF THE CONSTITUTION OF INDIA AGAINST
THE JUDGMENT AND ORDER DATED _______ PASSED BY THE HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL IN OA NO. ___ OF __.
[CD5]GROUNDS:
[CD7]Writ Petition to High Court under Article 226
of Constitution of India seeking appropriate Writ for Fundamental Right, filed
in High Court for direction against violation of fundamental right.
[CD13]Writ Petition of Habeas Corpus to High Court
under Article 226 of Constitution to release a person, Quash order and pay
compensation.
[CD14]WRIT
PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR
ISSUING WRIT OF HABEAS CORPUS TO RESPONDENT NO. 1, 2 AND 3 THEREBY QUASHING THE
IMPUGNED ORDER AND DIRECTING THE RELEASE OF THE PETITIONER AND GRANTING
REASONABLE COMPENSATION
a) [CD16]Issue
a Writ of Habeas Corpus to the Respondent 1 to 3 thereby quashing the impugned
order;
b) Issue
an appropriate Writ Directing release of the Petitioner;
c) Issue
appropriate Writ granting reasonable compensation to the Petitioner;
d) Any
other relief, order or direction this court may deem fit and proper under the
facts and circumstances of this case.
[CD18]Writ
Petition of Mandamus to High Court under Article 226 of Constitution to quash
termination order, Reinstate Petitioner and pay back wages.
[CD19]WRIT
PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR
QUASHING THE IMPUGNED ORDER DATED ____PASSED BY RESPONDENT NO.1 AND REINSTATING
THE PETITIONER IN SERVICE WITH ALL CONSEQUENTIAL BENEFITS INCLUDING BACK WAGES
[CD23]Writ
Petition seeking Writ of Prohibition from High Court under Article 226 of
Constitution to prohibit Respondents from proceeding with disciplinary action.
[CD24]WRIT
PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION
OR ORDER IN THE NATURE OF PROHIBITION TO THE RESPONDENTS, PROHIBITING THEM FROM
PROCEEDING FURTHER WITH THE DISCIPLINARY PROCEEDING ON THE BASIS OF THE ENQUIRY
REPORT OF RESPONDENT NO. 2.
[CD28]Writ
Petition seeking Writ of Certiorari in High Court under Article 226 of
Constitution to quash order of an order.
[CD29]WRIT
PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION
OR ORDER IN THE NATURE OF CERTIORARI TO THE RESPONDENTS AND QUASH ORDER
DATED___ PASSED BY THE RESPONDENT NO. 3.
[CD33]Writ
Petition seeking Writ of Quo Warranto in High Court under Article 226 of
Constitution to cancel illegal appointment order and remove person illegally
appointed.
[CD34]Writ
Petition seeking Writ of Quo Warranto in High Court under Article 226 of
Constitution to cancel illegal appointment order and remove person illegally
appointed.
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