Early Hearing application - Advise
The petitioner-in-person has filed a writ of quo-warranto against illegal appointment of a very senior official. The notice of motion was issued in May 2013. The government respondents dragged the filing of counter replies for next 5 subsequent dates resulting in adjournments which was only filed in Feb 2014. During the subsequent hearing in May 2014, the bench left early and case was not taken. The new date assigned is after 5 month. The only important question in the case is whether the official’s degree in law can be treated as “Post Graduate Degree” as mandatorily required in the educational qualification for the post which the Hon’ble supreme court has already interpreted in 1976 AIR 2534 in negative and also in CAT 1530/2011 (principal bench) while the government respondents are relying on english dictionary meaning of "Post-graduate". The petitioner-in persons appeared in all 7 dates and have court passes in support of this for the said case.
Can the application for early hearing/final disposal on account of this in the interest of justice (violation of Article 16) be filed before High court or to the supreme court (if the high court does not considers the same), as delay will only add to harassment of the petitioner as whistle blower.
If yes what documents needs to be attached with the application.
Further I stay in New Delhi and have to go to Chandigarh for each hearing at my own cost which the respondents are surely enjoying.
Asked in Civil Law from Chandigarh, Chandigarh
Degree in Law is not a post graduate degree and LL.M is a post graduate degree.
you can contact Mr Ashish Davesar in this regard . he is practicing in Chandigarh only . it is not necessary to go to court for each date . your lawyer will do the needful . judicial process takes time .as courts are overburdened . you can based on legal advice make early hearing application if you so desire
Dear Client, In that case move an listing application in front of court then you may your matter will come as soon as possible.
Advocate Anurag Bhatt.