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Slp

(Querist) 16 January 2014 This query is : Resolved 
A SLP in the Supreme Court was filed regarding obtaining a false certificate and getting a Government job by the candidate  as the High court of Karnataka had cleared out the criminal proceedings against the candidate and declared that the candidate belonged to Scheduled Tribe, based on the fake report given by the ADGP to the Principal Secretary, Home Department, Govt of Karnataka, without taking cognisance of 
1. CRE Cell Report given by the Superintendent of Police who conducted the investigation
2. The School records of the candidates father, which clearly sates that they belong to Other Backward caste and not a Scheduled Tribe.
3. Forensic Lab Report that clearly states that the records have been tampered and the caste mentioned in the Service register of the father belongs to Kaniyar OBC and not a Kaniyan a ST , restricted to Kollegal taluk of Chamarajanagar Dist of Karnataka (earlier belonged to Mysore)   
The above mentioned case was filed by the Govt Of Karnataka and finally verdict was given in favour of the fake candidate. 
The Government did not file an appeal in  the supreme court . Finally the aggrieved  candidate who was fighting for her rights approached the Supreme Court through SLP now after hearing  the judge has persuaded her lawyer to either withdraw the case or that he would dismiss the case . the reason given for such a decision is that a private party cannot approach the supreme court and that the GO karnataka should approach the Supreme Court.
 But the aggrieved person has filled many cases in the High Court of Karnataka and is also a part and parcel in many of the cases.
 Now my question is that 
1. what may be the reason for the SC Judge to persuade the lawyer to withdraw the case. 
2. How can we approach the SC with regard to this case as the aggrieved candidate has not been a chance to explain the real fraud that has been obscured till date. 
3. Can we still believe that there is still justice in the law of court for the poorest of the poor in INdia . I really want to help a real Scheduled Tribe candidate how to reveal all the details of the fraud done by the fraud people. Is only bribe, influence the only criteria to win the cases in the highest Courts and justice and just the true records in the dump yard???????

Raj Kumar Makkad (Expert) 17 January 2014
Hon'ble Supreme Court is correct in its approach. A sufferer if was not a party to the writ petition decided by high court then he cannot approach SCI in SLP. You shall have to file your petition before high court first as you are ultimate sufferer.
Devajyoti Barman (Expert) 17 January 2014
The query is sans of details to make comment on the merit of SLP.
You may think of engaging a senior advocate to bolster the chance of admitting the SLP.
R.K Nanda (Expert) 17 January 2014
CONTACT SC LAWYER.
T. Kalaiselvan, Advocate (Expert) 17 January 2014
Though it is correct to say that first the remedies available before high court on the issue to be exhausted, a lawyer practicing in Supreme court will be able to opine further course in this regard.


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