• Can High Court set aside the order of the tribunal

I was totally demoralised by the order of the tribunal which miscarriage the justice in the way that I filed O.A. in Feb 2012 in APAT, Hyderabad on the spelling mistake question like 'Interior' printed instead of 'Anterior' in the question paper (2 marks question) by which I lost my selection as Degree Lecturer by 0.5 marks, later in Nov 2012 I filed two M.A.s separately for some other questions carrying 12 marks. APPSC the 1st respondent gave counter only for O.A. that it is just a printing error as of the opinion of the subject experts, though accepted by the APPSC it is a printing error the Hon'ble Judge not inclined to provide relief as sought by me and dismissed O.A. believing the apex court judgements provided by APPSC which are not at all related to wrong questions/answers but they are for wrong selections by the experts along with two M.A.s  simply with a mention 'that M.A.s are beyond the scope of O.A and applicant has not sought for the amendment of prayer" (even M.A.s not heard). The judgement was given so formally and ruthlessly. 
Now, my worry is whether to go for 'review of the order' in the same tribunal or for Writ in the High court. I am totally in trouble with this miscarriage of justice and in shock to keep hope on Indian law. It is my life sir.
Sir, can you please suggest me the right way and whether I can have confidence in the Indian law.
Asked 4 months ago in Constitutional Law from Anantapur, Andhra Pradesh
1) it is necessary to peruse order by Tribunal 

2) we cannot advise you whether to move HC against Tribunal order without perusing the order

3) filing review application will not serve any purpose

Ajay Sethi
Advocate, Mumbai
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When you could have directly moved the HC it cannot be fathomed as to why you moved the tribunal. Be that as it may, the order of tribunal can be challenged in the HC which can set it aside, but as you will now be moving the HC against the tribunal order the scope of judicial review by the HC will be limited. 
Ashish Davessar
Advocate, Jaipur
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This is a fit case where you can go for appeal in high court.
Consult a good alwyer having experience in service matter .
Since your case details are not shared I can not come up with anymore advice.
Devajyoti Barman
Advocate, Kolkata
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1) i have gone through the judgment given by Tribunal . it has relied upon SC judgment  that  in case of academic matters courts should go by opinion of experts in the filed

2) in your case you could not have been awarded 2 marks for alleged wrong question as it is only a printing error as held by Tribunal 


3) the Tribunal has relied upon various judgments that courts should not interfere in academic matters and should leave it to experts . 

to quote the judgment This Court is also of the considered view that the opinion expressed by the experts on the subject is to be respected, unless it is demonstrated that the same is demonstrably wrong or perverse or not capable of apprehension, vis-a-vis the answer/opinion expressed by the experts.  At this juncture, it is relevant to quote the judgment of the Hon’ble Supreme Court in BASAVAIAH (DR.) v. DR. H.L.RAMESH AND OTHERS, reported in (2010) 8 Supreme Court Cases 372, wherein the Hon’ble Supreme Court, while dealing with the selection and appointment of Readers in Sericulture based on the recommendation of an Appointing Committee, with regard to the experts opinion on the relevant subject, has held as follows:

“22.	A similar controversy arose about 45 years ago regarding appointment of Anniah Gowda to the post of Research Reader in English in Central College, Bangalore in University of Mysore v. C.D.Govinda Rao in which the Constitution Bench unanimously held that normally the courts should be slow to interfere with the opinions expressed by the experts particularly in a case when there is no allegation of mala fides against the experts who had constituted the Selection Board.  The Court further observed that it would normally be wise and safe for the courts to leave the decisions of academic matters to the experts who are more familiar with the problems they face than the courts generally can be.

5) dont file any writ in HC or file any review petition 

6) you would be wasting your money on legal fees 

..........


Ajay Sethi
Advocate, Mumbai
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No you could directly move the HC as the jurisdiction of the HC is not ousted. The petition filed by you in the HC along with the case history has to be perused along with the tribunal order in order to form an opinion. 
Ashish Davessar
Advocate, Jaipur
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The question that 'Can High Court set aside the order of the tribunal' itself is wrong because the decision will rest on the court and no lawyer can give a positive reply to your this query.

If your question is that whether you can approach high court for an appeal against the order  of the Tribunal, yes, you can.

The orders of the tribunal is to b seen for giving any opinion to your further queries on your subject issue. 

'
T Kalaiselvan
Advocate, Vellore
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As far as your subject matter is concerned that you could have approached the high court directly instead of taking the route of Tribunal. 

Since this was referred tribunal, the Tribunal has passed an order against your interests, however this should not have been referred to Tribunal at all because you are not an employee yet. 

You can either file an appeal or writ before high court but dont go for review. 

Consult and discuss with an advocate in the local on further issues. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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please note that In MA you cannot travel beyond the reliefs sought by you in OA . 

2) in your case as can  be seen from the main prayer of the applicant in the O.A., it is only with regard to validity of Question No. 93.  you did not seek   amendment of the prayer nor any averments made for adjudication of other questions in the O.A.you  sought for the relief in the M.As which are beyond the scope of the O.A and the main relief sought for in the O.A.  In view of the same, M.As are dismissed.

3) hence you will not get any reliefs from HC
Ajay Sethi
Advocate, Mumbai
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HI
Our understanding of your case. 
a) Your Original Application 1409 of 2012 contains the main prayer on award of marks for wrong questions being asked by APPSC and especially with reference to  Question 93  in Zoology subject and 
b) “M.A. 3437/2012 pertains to Question No. 142 and 143 in General Studies & Mental Ability  & 
c)M.A. 3746/2012 pertains to Question number No. 67, 79, 100 and 103 in Zoology paper.
d) Both Zoology and General Studies &Mental abilities are mandatory exams that you should obtain cut off scores for selection as Lecturer in Zoology
e) So you filed O.A first and later as and when other mistakes in question papers were known to you, you had filed M.A. 
f) In all of your O.A and M.A, Your main prayer was to award marks for wrong questions to you and thereby render you eligible for qualification in exam. 


Our answer to your query. 
A) your prayer in both O.A and M.A are legally correct as your prayer is to award marks for incorrect questions 

B) It is erroneous on part of APAT not to have pursued the M.A's as the M.A pertains to other incorrect questions in the same qualifying exam. 

C) APAT should have pursued the opinion of Subject matter experts on these questions before passing any judgment. 

D) Your main prayer in O.A is not limited to Question 93 in Zoology, but to your selection as Lecturer in Zoology. 

E) The M.A once admitted must have been heard. It cannot be dismissed without hearing when once  admitted

F)Your prayer was for  selection and appointment as Lecturer in Zoology by awarding marks for incorrect questions ( so technically when the OA was pending, you were right in bringing to the attention of court the other material mistakes in zoology and G.S and mental abilities paper as well). 


It is visible to naked eye that the judgment of APAT is erroneous and does not adhere to principles of natural justice.  

You Should appeal in High court as you have a good chance of winning your case. 

Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
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