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Preeti (Student)     09 October 2012

Orders of maintainability of a petition

Respected Lawyers,

What do orders of maintainability of a petition mean?



Learning

 9 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     09 October 2012

can you elaborate your question in what context .

Preeti (Student)     09 October 2012

Actually I am an on-campus PSU recruit, on 26th december, 2011 a lawyer had filed a petition in Madras High court saying that on-campus placements should be banned. The MHC put a stay order on all the on-campus appointments by PSU on 21st feb, 2012.
On 26th September, 2012 this stay was vacated and our companies started giving us joining. But today I saw in the causelist of MHC that this case has been listed under "Regarding orders on Maintainability" as REV.APLW. and only the name of thelawyer who had filed the petition was written there.
We need to know what this means and will in interfere with the vacation of stay order that was done on 26th sept?

Adv. Nikhil Seth (legal consultant (9867264707))     09 October 2012

See for orders in mhc site of the same suit you will get order to read . This will give you clear picture about Stay.

Preeti (Student)     09 October 2012

Actually I am a PSU on-campus recruit. There was a petition filed by a lawyer on 26th december 2011 to ban the on-campus placements by PSU companies in Madras High court. The MHC had issued a stay order on the appointment of on-campus recruits on 21st feb,2012.
On 26th sept, 2012 this stay order was vacated and our companies started appointing us. But today, this case was listed in the causelist as:

"regarding orders of maintainability"

REV. APLW. and only the name of the petitioner was written here

We need to know what this means and if this will interfere with our appointments?

Preeti (Student)     09 October 2012

Sir,

The stay has been removed and court has issued orders to all the ministries to ask their respective PSU companies to issue joining. Some already got joining. But now this 'orders for maintainability' have come. What do they mean?

Adv. Nikhil Seth (legal consultant (9867264707))     09 October 2012

As order has come for joining from court , so not to worry . Companies are acting  as per directions of court .

Bhawani Mahapatra (Law Officer)     09 October 2012

Meaning of "Maintainability of a petition" is very simple. A petition is maintained (or you can say entertained by the court) when certain conditions are fulfilled, like- whether it is filed within the time limit, whether it is filed by the agrieved person, Whether the petition is filed before the proper forum, Whether the Court has jurisdiction to entertain the petition etc. etc..

Preeti (Student)     09 October 2012

Thank you Sir. So this does have to do anything with the respondents?

SHISHIR VIKRAM (student)     15 October 2012

sir, i an a final year student in nit calicut can we also file a petition for the removal of stay order for those student who have already taken admission as psu were the major recruiter in my department we took admission depending only on psu

they had an implied contract with our college when we took admission. how can they denie at this stage


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