REVIEW PETITION FORMAT UNDER ARTICLE 137
(REVIEW PETITION FORMAT UNDER ARTICLE 137)
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
REVIEW PETITION NO XX/XXXX
IN
CIVIL APPEAL NO XX/XXXX
IN THE MATTER OF:
RAMESH AND ORS ….…………REVIEW PETITIONERS
AND IN THE MATTER OF :
UPMANYU ……………………..PETITIONERS
VS.
UNION OF INDIA ……………………RESPONDENTS
REVIEW PETITION UNDER ARTICLE 137 R/W ORDER XLVII OF SUPREME COURT RULES, 2013
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 review petition is being filed seeking review of judgment and order dated xx/xxxx whereby this Hon’ble Court dismissed Civil Appeal bearing No. xx/xxxx.
2. That Petitioners were not parties in the captioned matter. The Review Petitioners are being gravely prejudiced by the judgment passed by this Hon’ble Court in the captioned matter.
3. 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.
4. That the Review 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 Review Petitioners are the sole bread earners in the family.
5. That the judgment passed by this Hon’ble Court has endangered the career of the Petitioners as their jobs are at risk. As such the Petitioners are constrained to file this review petition before this Hon’ble Court.
GROUNDS
6. This review Petition is being filed on following grounds.
- Because there are errors apparent on face of record in the judgment passed by this Hon’ble Court.
- Because the judgment has been passed without impleading aggrieved parties and without considering the widespread adverse impact on the affected students.
- Because the jobs of the Review 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 Review Petitioners were awarded degrees/diploma after they had completed the requirements of the courses. Suddenly they can not be expected to take an examination to validate the degree/diploma which was not part of the advertisement issued by the institutions against which they had applied.
- Because the 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 Review Petitioners wherein they had passed the practical examinations.
- 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.
- That any such examination is arbitrary and in violation of Article 14 of the Constitution of India.
7. That review Petitioners have not filed any other review petition before this Hon’ble Court.
PRAYERS
In the facts and circumstances of the case, it is prayed that this Hon’ble Court may be pleased to:
(i) Allow the review petition seeking review of judgment and order 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 : Review Petition has to be accompanied by Synopsis, List of Dates, Affidavit etc.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.