Writ Petition under Article 226 or Article 32 of Constitution of India


Important points
  1. All the High Courts (and the Supreme Court) publish their format for various kinds of applications called High Court Rules. For example, M P High Court Rules is published by MP High Court. Among other things, is provides the format for Writ Petition (Form 7 of MP High Court Rules.)
  2. Format is a little different for a regular Writ Petition and a Writ Petition for PIL (Public Interest Litigation). See Form 8 of MP High Court Rules for a sample of PIL.
The following is an extract from an actual Writ Petition that we filed in MP High Court.

IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /BENCH AT GWALIOR

Writ Petition No. ………… / 20…….

Cause Title

Petitioner :                                   The name, age, father/husband’s name, occupation
                                                    and complete address and fax number with S.T.D.
                           Code and e-mail address, if any;

Vs.

Respondent :                                The name, age, father/husband’s name, occupation,
                                                    and complete address and fax number with S.T.D.
                           Code and e-mail address, if any;

(Writ Petition under Article 226 of the Constitution of India)

1. Particulars of the cause/order against which the petition is made:
(1) Date of Order / Notification / Circular / Policy / Decision etc : N. A.
(2) Passed in (Case or File Number) :  N. A.
(3) Passed by (Name and designation of the Court, Authority, Tribunal etc.) :  N. A.
(4) Subject-matter in brief :
The petitioners are final year law students pursuing LLB (3 Year Degree Course, Semester System) from Govt. Law College, Indore, which is affiliated to Devi Ahilya Vishwa Vidyalaya (referred hereinafter as DAVV in brief) and they intend to pursue LLM in academic session 2009-2010. They also intend to appear in Civil Judge Class II Examination, which is being conducted by Honourable High Court of M. P. in September 2009.
This petition is filed by the petitioners challenging -
a.    the inaction of DAVV and its inordinate delay in conducting LLB 6th semester exam, which was to be held in May 2009 and the result of which was to be declared in June 2009.
b.    the arbitrary and illegal award of marks in one practical subject named “Moot Court, Pre-trial Preparation and Participation in Trial Proceedings”.
As these actions are preventing the petitioners from –
a.    pursuing LLM in the academic session 2009-2010
b.    appearing in Civil Judges Class II Examination to be conducted by Honourable High Court of M. P. in September 2009.

2. A declaration that no matter pending: Petitioners declare that no matter relating to the subject matter of this petition has been previously instituted or is pending in any Court, authority or tribunal at the instance of the petitioners.

3. Details of remedies exhausted:
Petitioners have given written representation to Registrar, DAVV as well as to Vice Chancellor, DAVV on 03/06/2009. They have also personally met with the Registrar as well as the Vice Chancellor seeking redressal to their grievances. However, no attempt has been made to safeguard the future of the petitioners and other similarly placed students.

4. Delay, if any, in filing the petition:
Petitioners declare that there is no delay in filing of this petition.

5. Facts of the case:

(Give a concise statement of facts in chronological order in separate paragraphs)


6. Grounds urged :
6.1    Because the petitioners future is at stake as they are unable to take admissions in other colleges and universities of India for LLM courses due to late conduction of examinations. Complete one year of petitioners is being wasted because of this inaction and irresponsible attitude of Respondent No. 1.
6.2    Because even School of Law Respondent No. 3, which is run by DAVV, is not allowing the petitioners to appear in their entrance exam for LLM.
6.3    Because due to low marks awarded to the petitioners in the practical subject, they have been rendered uncompetitive to secure admission in LLM courses in colleges affiliated to DAVV on the basis of merit. The low marks awarded in the practical subject also look bad on the petitioners’ resume and adversely affect the petitioners’ chances of securing a job or other career related activities.
6.4    Because the Petitioners are unable to appear in Civil Judge Class II examination which is being conducted in September 2009 for no fault of theirs.
6.5    Because petitioners are being denied their fundamental right to work due to delay in obtaining Sanad.
6.6    Because it is a duty of DAVV to conduct exams fairly and on time, which it has failed to do.
6.7    Because it is a duty of Respondent No. 2, to evaluate the students fairly in Practical subjects, which it has failed to perform.

7. Relief Prayed for:
Petitioners pray that this Honourable Court may be pleased to:
7.1    By issuing a writ of mandamus or any other appropriate write, order, or direction, direct the Respondent No 1 and 2 to conduct the exams of 6th semester of LLB course and declare the result without further delay.
7.2    Respondent No. 3, be directed to permit the petitioners to appear for their entrance examination for LLM and be given provisional admission if they are successful in the entrance examination.
7.3    Respondent No 1 and 2 be directed to either –
a.    Ignore the marks in this subject for calculation of aggregate percentage for LLB Degree. It is worth mentioning that that DAVV already does ignore the marks for Paper 5 of Semester 5, which is also a practical subject.
b.    Rationalise the marks given in the practical subject of “Moot Court, Pretrial Preparation, and Participation in Trial Proceedings”.
7.4    Cost of this petition be awarded to the petitioners.
7.5    Any other relief, which this Honourable Court deems fit in the peculiar facts and circumstances of the case.

8. Interim Relief:
The petitioners pray that Respondents 1 and 2 be directed to conduct LLB 6th semester exam and declare the result without any further delay.

9. Documents relied on but not in possession of the petitioner:
9.1    List of marks obtained by students of all Law colleges affiliated to DAVV in the practical subject of “Moot Court, Pretrial Preparation, and Participation in Trial Proceedings” in March 2009.
9.2    Submissions of students who scored above 80 marks or below 60 marks of Respondent No. 2, as well as other colleges affiliated to DAVV made towards the subject of Moot Court (Paper 4 of 5th semester).

10. Caveat:
That no notice of lodging a caveat by the respondents has been received by the petitioners.

Place: ………………….                                                                            (Signature)
Date: …………………..                                                                            Counsel for Petitioner(s)


Verification
 
 I, ______, do hereby verify that the contents from paras 1 to 10 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2009.

(Signature)
Plaintiff