Legal Formats

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.

  1. Because there are errors apparent on face of record in the judgment passed by this Hon’ble Court.
  2. Because the judgment has been passed without impleading aggrieved parties and without considering the widespread adverse impact on the affected students.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

___________________________________________________

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.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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