Jurisdiction

Querist : Anonymous (Querist) 22 September 2011 This query is : Resolved
Sir State govt. made a policy and included some casts and "Gohrkha Samuday" In OBC. Local Administration on the recommendation of "Gorkha Samuday" ( A society ) included some casts in "Gorkha Samuday" and issued OBC certificates.

Whether suit against local administration lies in the court of civil judge junior division for prohibitory injunction. Or it is a matter of jurisdiction of HC or SC.

I am from the defendants site. Please explain with relevant law or citation.

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R.Ramachandran (Expert) 22 September 2011
What are you going to agitate about?
What is going to be your prayer?
When you say you are for the defendants, that means the case is already before a Court. Therefore where is the question of now asking as to in which Forum - whether Civil judge etc., or HC/SC to file the case?
You have to come out with clear facts and circumstances.

Raj Kumar Makkad (Expert) 22 September 2011
As you have to challenge the policy of State so appropriate form is only High court and not civil court.

prabhakar singh (Expert) 23 September 2011
Although you have confused the matter too much which led to clarification from one of the experts,however moving for a writ is proper and expedite remedy.

Querist : Anonymous (Querist) 23 September 2011
Sir thanks a lot. Let me explain-

one person has filed suit against gov.
some persons (who have been issued OBC certificates) are also party. I am defending these persons.

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