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Chethana (Accountant)     09 May 2015

Requested interpretation of the judgement

Sir,

We are trying to understand judgement passed in year 1997 and it's interpretation.

1. Case # 1704/1993 has been filed in State Tribunal with 15 respondents
2. Case # 2146/1993 has been filed in State Tribunal with 7 respondants.
3. Case # 2282/1996 and 2218/1996 filed in State Tribunal with 23 respondents

All of the above cases are of same concern related to government appointments under special category. In the  Order sheet of Case # 2146/1993 noted that 1704/1993 x cpc and disposed of vide seperate order.

In the Order sheet of Case # 2282/1996 and 2218/1996 noted that 1704/1993 x cpc and disposed of vide seperate order.

Whereas in the Judgement Order of 1704/1993, first page it says:
Application Number 1704 of 1993 C/W A.Nos. 2146/1993, 2282/1996 AND 2218/1996
And all 4 cases Applicants and Respondants details and PRAYER has been noted.

In the judgement order of 1704/1993, court has specifically discussed details of case # 1704/1993 and 2218/1996 at length and passed seperate approriate order. 
Whereas, Case # 2146/1993 and 2282/1996 were not discussed and no seperate/specific order for these 2 applicantions. However, at the end of the order it says that "we clarify that if apart from the above specific orders, case of any other applicant requires to be cnsidered the same shall have to be examined by the concerned authority with reference to the principles stated in this order"

Please let us know 
1. how to interpret these order?. Since Specific order is not available for case # 2146/1993 and 2282/1996 does it mean that these applications not considered / rejected? or it has been considered but no effect on the case?

2. What if, in these cases, Applicant has given false information and respondants are given wrong declaration during appointment which was brought to State Tribunal Notice during the course of proceedings by way of IA and Affidavit, since their is no specific order for these cases, how to interpret the said order of 1704/1993

3. it's more than 15years now and no appeal has been filed against the order or no order, is it possible that case be re-opened now fresh on the same grounds/points that were raised about wrong declarations in the appointment applications?

4. Is it possible that State Government re-looking into the appointment row now based on the available declarations made by applicants 18yrs back and statement filed by respondants during the course of proceedings.

Appreciate your help to understand the above points and how to interpret the above order in this case.
Thanks
Chethan



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