SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 16742 OF 2022

WITH PRAYER FOR INTERIM RELIEF

WITH

I.A. No.108515 of 2023

(Application for impleadment)

AND 

SPECIAL LEAVE PETITION (CIVIL) No. 19098 OF 2022

WITH PRAYER FOR INTERIM RELIEF

Process Id: 294/2024

OFFICE REPORT

SLP (C) No.16742 of 2022

This Hon'ble Court, on 30th September, 2022, was pleased to pass the following order:

"Applications for exemption from filing c/c of the impugned judgment and permission to file additional documents/facts/annexures are allowed. 

 On hearing learned Solicitor General, prima facie we find the approach adopted by the High Court unsustainable. 

 Issue notice. 

 In the meantime, there shall be stay of operation of the impugned order. 

 Learned senior counsel for the respondent, at this stage submits that the candidate has got admission in pursuance to the impugned judgment and has given up admission elsewhere. If that be the position, we would not like to disturb the status of respondent No.1. "

Accordingly, the show cause notice was issued to Respondent No.1 through Ms. S. Janani, Advocate (now designated as Senior Advocate) and Respondent No.2 through registered A.D. post on 12th October, 2022. as well as Standing Counsel for Respondent No.2 via email. Counsel for Respondent No.1 has filed Counter Affidavit and copy of the same has been placed with SLP paper books. As per track Report of India Post, service of notice is complete on Respondent No.2, but no one has entered appearance on its behalf so far. 

It is further submitted that Mr. Jitendra Gupta, Advocate has on 22nd  May, 2023 e­filed Vakalatnama/Appearance on behalf of Applicant viz. Mr. Hari Krishnan and application for impleadment of the applicant as party respondent (registered as I.A. No.108515 of 2023) and copy of the same has been placed with SLP paper books. The said application was listed before the Hon'ble Judge-in-Chamber, on 21st July, 2023, when the following order was passed:

" The applicant claims that he is similarly situated with the respondent in Special Leave Petition (C) No. 16742 of 2022 and on that ground that basis claims impleadment in the said Special Leave Petition. 

In the interest of justice, let the application be placed along with the main matter, whenever the main matter is taken up before the Hon'ble Court. "

It is lastly submitted that Ms. S. Janani, Advocate has been designated Senior Advocate and accordingly, notice for making alternative arrangement has been issued to Respondent No.1 on 09.02.2024. Service is awaited.  

Service of notice for alternative arrangement in respect of Respondent No.1 is awaited. 

SLP (C) No.19098 of 2022

This Hon'ble Court, on 07th November, 2022, was pleased to pass the following order:

"Applications for exemption from filing c/c of the impugned judgment. 

 Issue notice. 

Tag with SLP (Civil) No.16742/2022."

Accordingly, the show cause notice was issued to both the Respondents through registered A.D. post on 15th November, 2022. as well as Standing Counsel for Respondent No.2 via email. As per track report of India Post, service of notice is complete on both the respondents, but no one has entered on their behalf so far. 

It is lastly submitted that Mr. Rupesh Kumar, Advocate for the Petitioner has been designated Senior Advocate and Ms. Neelam Sharma, Advocate has filed Vakalatnama/Appearance on behalf of the Petitioner in both the matters as alternative arrangement. 

Service is complete.

The Petitions with application above-mentioned are listed before the Hon'ble Court with this Office Report.

Dated : February 09, 2024

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