CURATIVE  PETITION FORMAT

(CURATIVE  PETITION FORMAT )

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CURATIVE  PETITION NO  XX/XXXX

IN

REVIEW PETITION NO XX/XXXX

IN

CIVIL APPEAL NO  XX/XXXX

IN THE MATTER OF:

RAMESH  AND ORS                                                        …………CURATIVE  PETITIONERS

AND IN THE MATTER OF :

UPMANYU                                                         ……………………..PETITIONERS

VS.

UNION OF INDIA                                              ……………………RESPONDENTS

CURATIVE PETITION ON BEHALF OF THE PETITIONERS IN REVIEW PETITION BEARING NO XX/XXXX IN CIVIL APPEAL NO XX/XXXX

TO

THE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OF THE HON’ BLE

SUPREME COURT OF INDIA

THE HUMBLE PETITION OF

THE PETITIONER ABOVENAMED

MOST HUMBLY SHOWETH

1. That the  present  curative petition is being filed against order of this Hon’ble Court in Review Petition bearing No. xx/xxxx in Civil Appeal No. xx/xxxx.

2. That the Curative Petitioners are being gravely prejudiced by the order of this Hon’ble Court dated xx/xxxx where by Review Petition bearing No xx/xxxx was dismissed by this Hon’ble Court.

3. That Petitioners were not parties in  Civil Appeal No. xx/xxxx and no notice has been served on the Petitioners.

4. That this Hon’ble Court has  vide order dated xx/xxxx  has held that AICTE has only the power to lay down parameters for technical education. AICTE has not issued any guidelines regarding practical  in distance mode as such imparting technical courses through distance mode is not permissible. Further the Supreme Court directed that  students who have acquired technical degree/diploma through distance mode after 2018 till the Supreme Court judgment has to appear in special examination conducted by AICTE to validate their degree as one time measure.

5. That determination of this Court in Civil Appeal No. xx/xxxx will have impact on even the Petitioners who were not parties to the case.

6. That the Curative  Petitioners have acquired their degree/diploma through distance mode and are working in various organizations for earning their livelihood. In most of the cases the Curative  Petitioners are the sole bread earners in the family.

7. That jobs of the Petitioners are at risk as such the Petitioners were constrained to file this review petition before this Hon’ble Court.

8. That this Hon’ble Court dismissed the Review Petitiion bearing No. xx/xxxx vide order dated xx/xxxxx.

GROUNDS

9. This Curative  Petition is being filed on following grounds.

A. Because there has been gross violation of natural justice. The Curative Petitioners were not parties in the Civil Appeal bearing No. xx/xxxx.

B. Because the judgment has been passed without impleading aggrieved petitioners and without considering the widespread adverse impact on the affected students.  No notice has been ever served on the Curative Petitioners in the Civil Appeal bearing No. xx/xxxx.

C. Because the jobs of the Curative  Petitioners are risk for no wrongs done by the Petitioners. The Petitioners had duly applied against advertisement issued by the Institutions recognized by appropriate authority.  The Curative  Petitioners were awarded degrees/diploma after they  had completed all the requirements of the courses.

D. Because this  Hon’ble Court failed to appreciate that many of distance courses were having practical as part of curriculum. Practical was also part of curriculum of Curative Petitioners    wherein they had  passed the practical examinations.

E. Because Petitioners have been working in different orgnisations and earning their livelihood. It will be a cumbersome exercise for them to again appear in an examination, which was not part of  their curriculum.

F. Because any such examination is arbitrary and in gross violation of Article 14 of the Constitution of India.

10. That aforesaid grounds had been taken by the Petitioner in the Review Petition and the same was dismissed by circulation.

11. That the Petitioner has not filed any curative petition before this Hon’ble Court other than this Curative Petition.

PRAYERS

In the  facts and circumstances of the case, it is prayed that this Hon’ble Court may be pleased to:

(i) Allow the curative  petition in Review Petition bearing No. xx/xxxx in Civil Appeal bearing No. xx/xxxx.

(ii) Exempt the Petitioners from taking any examination conducted by AICTE as per direction of this Hon’ble Court dated xx/xxxx in Civil Appeal No. xx/xxxx.

(ii) Pass any other order(s)/direction (s) as this Hon’ble Court may fit deem and proper.

AND FOR THIS ACT OF KINDNESS, THE REVIEW PETITIONERS SHALL, AS IN DUTY BOUND, EVER PRAY.

ADVOCATE FOR THE PETITIONER

PLACE:

DATE:

Note : Curative Petition has to be accompanied with synopsis, list of dates, certificates etc.

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