• Challenging High court decision - I am not a party in but affects me

An interim decision by a Nagpur div bench of high court on the ongoing online admissions to FYJC by d education board. It is prejudicial to me in the admission going on in Mumbai. Just a week to go for process to end. What can be done?
Asked 4 years ago in Civil Law

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

File an intervention application and get the hearing. The court will allow the intervention if there is sufficient cause to do so

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

I guess the interim decision is applicable only to nagpur colleges and it wont affect colleges in mumbai

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. can you elaborate how it is prejudicial to you?

2. you can go for a recall application in the Writ Petition

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Generally interim orders are not appealable. An interim order is a temporary order of the court pending a final hearing.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You can file intervenor application to be added as party to the writ petition

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. You can file a application for stay on the interim order;

2. You can become a party to it and get a stay order;

3. Ask the court to take sympathy on you as your student and you will deprived of an important opportunity;

4. In the alternative ask the court to pronounce its order in 2 days itself so that your admissions are not affected;

5. Take legal steps immediately.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

U want to challenge high court decision or want to file a whole new writ petition? I am not getting exactly what u r trying to ask

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You should file intervenor application in Nagpur

2) rely upon correspondence exchanged with authorities to prove procedural irregularities

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

This is in further response to you:

1. This is the operative part of the order:

We direct the respondents to continue allotment of C.A.P. students to non­minority institutes and after it is

completed, the students if available shall be allotted to minority institutes against such surrendered seats as an interim measure.

2. As per the order it looks like that the admissions will be continued, nonetheless file a intervention application and seek protection against your admission;

3. It does not appear that the order will affect you, but future course of this case may affect you, therefore keep following the case.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. If the petitioners in the bombay high court wp to be filed before principal bench, are going to be different than the petitioners in the nagpur bench petition, then you can file a petition in Bombay high court, principal bench

2. But do mention about the nagpur bench petition and the interim order passed therein in your principal bench petition or else the opponent may allege suppression of material facts by you

3. What are the irregularities the board has committed?

4. Can u share the nagpur bench interim order

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Ask for stay order, if it is PIL, there is high chance that your intervention application will be heard. Ask for interim relief of admission subject to outcome of the petition.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

Please go in revision before the Hon'ble High Court with an urgency application.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Please hire a competent advocate/senior advocate and go ahead.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1. If you are aggrieved by the order of the HC then you may file an application to be impleaded as a respondent in it. If stay has been ordered by the HC then an application for vacation of stay may also be filed.

2. Strict evidence is not to be led in a writ petition as it is not a trial.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You can file a petition to implead you as a necessary party to the proceedings by filing the details and documentary evidences supporting your claim along with the implead petition.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If you have already filed a writ petition in Bombay high court, then what is the necessity to get yourself impleaded in this wp also.

Well, there is nothing wrong in getting impleaded in this writ petition also, you may mention that you have already filed a writ before Bombay high court in this regard and can produce the copy of the petition filed before Bombay high court before the Nagpur Bench.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer