Dear Friends,
As the success is within reach, two issues arise: firstly whether the verdict to be issued on Tuesday, 10th September, 2013 applies to non - petitioners or not and secondly whether UGC re appeals further or not.
What is the future of Non - Petitioners?
Some points are important to be noted:
- Even though and generally, the verdict .....................applies to petitioners only and not to non - petitioners, you remember that the verdict of Kerala high court is issued on the basis of or under the Article 32 of the Constitution and Supreme court just made it applicable to non petitioners too.
- The most importantly, some candidates appealed in Nagpur High Court Division bench to apply Kerala High Court verdict to them and SLP is the next version of it.
- If you read my previous article named 'Do Or Die Situation For UGC: Part First', the judges has clearly mentioned that UGC should publish the new result according to the old criteria pointed out in the original of June 2012 and if UGC agrees to do it, it is natural that it will publish result consisting of the candidates who meet old criteria irrespective of petitioners and non petitioners. So DO NOT WORRY.
Now the important point is whether UGC re appeals further or not:
A mere dismissal of SLP does not mean that High Court decisions is approved on merits so as to be a judicial precedent. In Smt. Tej Kumari vs. CIT (2001) 247 ITR 210 Full Bench of the Patna High Court held that when a SLP is summarily rejected or dismissed under Art 136 of the Constitution such dismissal does not lay down any law. The decision of the High Court against which the SLP is dismissed in limine would not operate as resjudicata. However, when Supreme Court dismisses an SLP with reason, it might be taken as the affirmation of the High Court views on merits of the case, thus there is no reason to dilute the binding nature of precedents in such cases.
MY GUT FEELING SAYS THAT UGC WILL BEHAVE SENSIBLY AND MAY NOT MOVE AHEAD.
Thank you,
Regards,
Yuvi
About non petitioner's - Kerala HC directed clearly that every victims need not rush to Kerala HC and the final verdict is applicable to all qualified candidates not only for the petitioners.
ReplyDeleteIf UGC is moving further with appeals then the petitioners having only one option to file another cases to cease all new interviews and appointments based on NET as a basic qualification. Otherwise 2012 victims will lose many chances. If we do so the UGC will be under pressure to withdraw its further appeals (if they move) from politicians to fill the vacancies as early as possible.
Lekin supreme court ka decision b to time rhte aa jana chahiye qki vacancies jo nikli hui h gdc vali unki last date to 24 september h y chance hm logo k hath se ni niklna chahiye.
DeleteSapna Sharma Pls translate to english
ReplyDeletehi,
ReplyDeletewhen final judification of SC, for the same matter of net june 2012.....as per old criteria
thanx