Writ Petition format to file Writ under Article 226 and 227 to challenge order passed by

Central Administrative Tribunal against OA of Petitioner.

Format of Writ Petition for High Court in MS word to challenge

Judgment passed by CAT against Original Application of Petitioner.

You can challenge in Judgment passed by Central Administrative

Tribunal against OA filed by Petitioner, in High Court under
Article 226 and 227 of the Constitution of India. While filing the
Writ Petition, copy of entire documents filed in the Central
Administrative Tribunal should be annexed with the Petition. A
certificate to the effect that entire records of CAT are filed with
the Writ Petition also needs to be attached with the Petition.
Format of Writ Petition challenging the Judgment of Central
Administrative Tribunal against OA is given below.

SYNOPSIS

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.
2. 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.
3. 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.
4. 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 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. _____.
5. 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 70/09) 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”.

LIST OF DATES AND EVENTS

Prior to Maximum age limit for appointment to the post of

8.5.__ Assistant Teacher MCD were 32 years for male and 42
Years for Female.

08.05.___ 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.

07.11.20__ Respondent No. 2 issued advertisement No. _____ for

the post Teacher (primary) in MCD under the Post Code
____. The Petitioners applied.

20.07.20__ 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.

02.02.20__ The Petitioner appeared in the examination.

08.07.__ Result of the said written Test was published and the
Petitioner had secured __ marks (Cut off __).
05.12.20__ DSSSB issued an office order No. ___ in which the
Petitioner’s name was shown not eligible on the ground
of “overage”.

10.12.20__ 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 20__ 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.

.12.2018 Hence the Present Petition

 IN THE HIGH COURT OF DELHI AT NEW DELHI

WRIT PETITION NO_____ OF 20__

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 SHOWETH:

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.

3. GROUNDS:

A. Because the Hon’ble Tribunal failed to appreciate that a

Division Bench of this Hon’ble court by its Judgment dated

______________ in ___________ v. ___________, held that a

candidate who had completed ETE course from Delhi is to

be given age relaxation as per the decision in __________, the

same age relaxation should be provided to the persons who

are identically placed in terms of educational qualifications.

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.

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 an appropriate Writ quashing the impugned order

dated 03.10.20__ passed by the Hon’ble Central

Administrative Tribunal, Principal Bench, New Delhi, in

Original Application No. ___ of 20__.

b) Any other relief, order or direction this court may deem

fit and proper under the facts and circumstances of this

case.

THROUGH;

COUNSEL FOR THE PETITIONERS

New Delhi
Dated: __.__.20__