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Real Prasad (engineer)     08 July 2011

Finding a suitable Supremecourt lawyer

We are a group of friends with similar objective towards avoiding loss of seats/jobs to open category candidates  due to an anomoly in application of Reservation rules in selections to professional courses and jobs.

We have filed a case in State High Court but the case is being tabled and not coming up for hearing. 

We decided to move the issue to Supreme Court. Can we find suitable advocates to argue our case in Supreme Court.

We are looking for advocates who have experience in arguing similar cases previously.

Our case for argument rests on a similar case earlier referred to a constitutional bench in a matter related to UPSC exam, in which the verdict was in favour of open category candidates.

Ref: https://legalperspectives.blogspot.com/2010/05/meritorious-reserved-category-candidate.html

 

In a recently delivered judgment a Constitutional Bench of the Supreme Court has declared the meritorious candidates belonging to reserved categories [MRC] are entitled to invoke the benefit of being from reserved categories in the Union Public Services Examination irrespective of the fact that they have qualified for employment on their own effort. The matter had been referred to a Constitutional Bench to decide the important question of law "as to whether candidates belonging to reserved category, who get recommended against general/unreserved vacancies on account of their merit (without the benefit of any relaxation/concession), can opt for a higher choice of service earmarked for Reserved Category and thereby migrate to reservation category". 

The judgment, authored by the incumbent Chief Justice of India himself, concludes as under;
i) MRC candidates who avail the benefit of Rule 16 (2) and adjusted in the reserved category should be counted as part of the reserved pool for the purpose of computing the aggregate reservation quotas. The seats vacated by MRC candidates in the General Pool will be offered to General category candidates.
ii) By operation of Rule 16 (2), the reserved status of an MRC candidate is protected so that his/ her better performance does not deny him of the chance to be allotted to a more preferred service. 
iii) The amended Rule 16 (2) only seeks to recognize the inter se merit between two classes of candidates i.e. a) meritorious reserved category candidates b) relatively lower ranked reserved category candidates, for the purpose of allocation to the various Civil Services with due regard for the preferences indicated by them.
iv) The reserved category candidates “belonging to OBC, SC/ ST categories” who are selected on merit and placed in the list of General/Unreserved category candidates can choose to migrate to the respective reserved category at the time of allocation of services. Such migration as envisaged by Rule 16 (2) is not inconsistent with Rule 16 (1) or Articles 14, 16 (4) and 335 of the Constitution.



Learning

 9 Replies

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     08 July 2011

You may speak to Mr. Krishnakumar, Advocate [09810622235].

1 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     08 July 2011

Dear Querist,

 

If you are confident that your and other friends' case has ability to get direct benefit of previous SC judgment, you may not worry.

 

However, you may bring out more facts if you want better appreciation by us and desired relief from SC.

 

Rabin Mjaumder

Advocate-on-Record

Supreme Court

 

1 Like

Real Prasad (engineer)     08 July 2011

The case cited in my original posting is related to UPSC selections. The constituitional bench has ordered that  seats vacated in "Open Category" by "Meritoriously Reserved Candidates"(MRC), revert back to "Open Category" and not to a next in line MRC.

We want to argue that the same rule be  applied to Professional college admissions (State colleges and central Institutions).

Real Prasad (engineer)     08 July 2011

Please note the highlighted text:

MRC candidates who avail the benefit of Rule 16 (2) and adjusted in the reserved category should be counted as part of the reserved pool for the purpose of computing the aggregate reservation quotas. The seats vacated by MRC candidates in the General Pool will be offered to General category candidates.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     09 July 2011

Dear Querist,

 

The law laid down in cited case laws and reasons given therein appears to be aptly related to your recruitment case, directly and favourably.

 

Best of luck.

1 Like

Real Prasad (engineer)     09 July 2011

Thank you for your encouraging words. But, the fundamental question is "How do we find suitable advocate?" for our case.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 July 2011

you have to find an advocate by trial and error process, no fixed formula to find a proper advocate.

1 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     09 July 2011

Dear Querist,

 

At Hon'ble Supreme Court level, one has to draw up petition for special leave petition to appeal on the grounds primarily on law points which has not been considered by the Court below, or if it is Writ Petition, grounds as to how lawfully you are entitled to any scheme of things or any law laid down by the Hon'ble Supreme Court which is not being followed by the govt. authority causing serious legal injury to you and your friends, in your given case.

 

This is the line one has to focus while selecting a lawyer for drafting and arguing your case. If according to you, the lawyer suits requirement standards and also suits your budget, you may choose him to represent your case in Supreme Court.

 

Trust this would suffice.

1 Like

Real Prasad (engineer)     11 July 2011

A parent approached High Court of Andhra Pradesh, citing the Constituitional bench's finding. The parent in question, has a daughter and she could not get into the medical college of her choice and had to settle for a lower reputed college because of this anomoly.

The judge to whom this student's case came up to commented that the student got an admission (if not in the college of her choice), and left the case at that...

Now can the parent approach supreme court at  presumed 'inaction' of the high court?


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