SLP against common judgment
Swami Sadashiva Brahmendra Sar
(Querist) 15 September 2009
This query is : Resolved
Two writ petitions have been allowed by the High Court by a common judgment. The State has filed SLP in the supreme court in respect of only one writ petition.
Now, the question is :
1) Can this action of State be challenged on the ground of arbitrariness? If so, by what proceedings?
2) Whether a preliminary objection in the SLP can be raised that, the State can not arbitrarily deny benefit of judgment to petitioners in only one case whereas, other similarly situated petitioners in other petition are being allowed to enjoy the fruits of judgment and therefore the SLP is not maintainable?
3) Is the SLP barred by principles of Res Judicata as the impugned has attained finality as not being challenged in respect of identical and connected writ petition?
riven
A. A. JOSE
(Expert) 15 September 2009
While I agree that one can take all the aforesaid contentions, further facts of each of these two writ petitions decided by the High court would help to form a definite opinion please. I am aware of some judgements of the apex court wherein it has been held that the State is at liberty to file appeal/SLP in any individual case and that even if the State had not filed appeal in some identical case, that would not preclude the State from filing appeal in another case in future,etc. It is, therefore, that further details would be necessary.riven
Swami Sadashiva Brahmendra Sar
(Querist) 15 September 2009
Thank you Mr Jose for your solid reply!However, facts of both petitions are identical, both are colleges and both petitioners were at equal footing covered by same notification that was quashed by the High Court.riven
R.R. KRISHNAA
(Expert) 15 September 2009
1. There is no arbitrariness. The act of the state is permissible.
2. In my opinion there is no need to file two SLPs. Since it is against a common judgment, one SLP is sufficient. The order obtained from the SLP will also be binding on the other petitioners as the issue involved is the same. The other petitioners also can use the copy of the judgment to establish their right or claim. Even the supreme court while passing order in the SLP can also make it a point that the order and its ruling in the SLP shall be binding on the other petitioners also.
3. There cannot be resjudicata in this matter.
riven
Raj Kumar Makkad
(Expert) 15 September 2009
fully agreed with Krishnalegal. nothing requires to be added.riven
