How to appeal for passing a reserved order
11 candidates who cleared the medical Post Graduate entrance examination conducted by Bihar government in year 2011 opted for different courses in "Katihar Medical College". When we went with our allotment letter for admission, college administration refused to take our admission on the ground that , since Katihar medical college is an unaided minority institution so there is no question of state quota in the post graduate courses. All the students had meeting with chief health secretary and health minister of the state, however nothing was done in our favour.Fed up with all these stone walling we moved to Patna High court and an interim order was passed in our (state quota candidates) favour on 27th june 2011 for admission and college was asked to cancel the admission of excess management quota students who were admitted on state quota seats. College administration filed a LPA against this interim order which was dismissed by the divisional bench . Subsequently provisional admission of all the state quota students was made on 30th june 2011.College administration moved to Supreme court against this interim order and stay order was passed against the interim order of Patna high court.On subsequent hearing an order was passed by supreme court in january 2012 to maintain the status quo and let the matter to be decided by high court. Similar to year 2011, admission of students who opted for different PG courses in year 2012 in Katihar medical college was denied by the college administration ,citing the same reason as in the previous year.Students of year 2012 also filed a case against this denial in patna high court. Subsequently these 2 year (2011 and 2012) cases were clubbed and heard by a single judge bench. single judge bench passed his judgement stating since Katihar Medical College is an unaided institution so state can not interfere in the admission process and so there can not be any state quota in the pg courses .State quota students of both the year filed LPA against this
judgement in Patna high court and double bench stayed the judgement passed by single bench judge .subsequent hearing happened in the divisional bench and on 17th January 2013 divisional
bench completed the hearing and order was reserved .It has been more than 1 year 3 months , the reserved order has not been pronounced.Even the names of state quota student have not been
registered in the university register.one candidate who should have completed her Diploma course in june 2013 only, has not been able to appear in the exam. 9 students who should ideally preparing for theirfinal university examination to be held before june 2014 are in a
great stress not knowing what to do.
Asked 2 years ago in Civil Law from Gaya, Bihar
you can make a request to to decide the matter as early as possible
Advocate, New Delhi
Is our lawyer misguiding us that we need to file one new case, and he is also asking for handsome fee for this new case.
Asked 2 years ago
we can not comment on fee as it varies from advocate to advocate ,if you feel he is asking for handsome amount then you can try some other advocate
Advocate, New Delhi
apex court in 2001 in Anil Rai vs State of Bihar had laid down clear guidelines relating to pronouncement of judgment. The SC had said, "Where a judgment is not pronounced within three months from the date of reserving the judgment, any of the parties in the case is permitted to file an application in the high court with a prayer for early judgment." The court had said such an application would be listed for hearing before the concerned judges within two days.
The SC had also said, "If the judgment, for any reason, is not pronounced within six months, any of the parties to the said list (case) shall be entitled to move an application before the chief justice of the high court with a prayer to withdraw the said case and to make it over to any other bench for fresh arguments. It is open for the chief justice to grant the said prayer or to pass any order as he deems fit in the circumstances."
in your case since there is delay of over 1 year you should immeidatedly move Chief justice of patna high court to move the case to another Bench for fresh arguments . no fresh case needs to be filed .
Thanks Mr. Ajay, but the problem is that, case is pending in divisional bench headed by chief justice of Patna high court. Now what to do?
Asked 2 years ago
Request the Chief Justice of Patna High Court to pronounce the judgment. If this does not suffice, move to Supreme Court.
if the case is pending before chief justice your lawyer should make an application relying upon SC judgment to pass orders in your case . if Chief Justice does not pass any orders move SC for necessary reliefs