Community certificate
s kumar
(Querist) 22 February 2012
This query is : Resolved
sir,
the state level scrutiny committee cancelled my community certificate and the supreme court also dismissed the appeal. shall i file a fresh writ in high court on the ground that the anthropologist in that committee has never visited the place,nor conducted enquiry or filed a report and served to me as per the direction of the apex court in kumari maduri patil case, which i got through RTI letter sir.
A decision rendered without jurisdiction being a nullity,the principle of res judicata shall apply or not to the fresh writ sir?
kindly give ur valuable opinion please.
thank you.
Raj Kumar Makkad
(Expert) 22 February 2012
If facts have not changed then you have no right to move again as proposed. The citation which you refer might have also in your knowledge while you went to Apex Court. There seem no change hence res-judicata is applicable.
