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Kota Raja Gopal
in Civil Law
Asked November 01, 2017

Implication of SC order over HC

  • 2 Answers
  • 519 Views

There is a Post graduate preference in promotion. It was deleted in 1996. This action was challenged before high court of AP. High court on 01-12-2014 ordered to implement PG preference from 1996 onwards. HC orders were implemented upto 2010-11 year. The HC order was challenged before supreme court. Implementation report was submitted to HC as well as SC. on 02-12-2016, SC has ordered as "status quo obtained as on today shall be maintained". What is the implication of SC order? Whether it has stayed the order of HC dated 01-12-14 or orders already implemented upto 2010-11 will prevail? please inform

Answers 2

Mr. kota raja gopal

           

I have gone through your question and with the very limited facts I can figure it out that Hon’ble High Court from Hyderabad by way of an Order dt. 01.12.2014 implemented PG preference from 1996 onwards but same were implemented till 2010-11 hence the aggrieved party challenged this decision before Hon’ble Supreme Court of India. After going through your case and status report dt. 02.12.2016 the Hon’ble Supreme Court must have issued notice to other side and till then Hon’ble Court directed to both parties that "status quo obtained as on today shall be maintained".

In this situation no order is stayed. But same time previous Order dt. 01.12.2014 cannot be implemented for further period. As on date the Order dt. 01.12.2014 is implemented till 2010-11 so there will be no development until Hon’ble Supreme Court passes further Order. Therefore those are benefited by Order dt. 01.12.2014 will be continuing to that particular benefit and those who are waiting to take benefit should wait till Order by Hon’ble SC.     

Since Hon’ble SC has not gone into the merit of your case therefore Hon’ble Court has not passed any Order to stay or implement any order. In addition to that if either of the party acts against Order of Hon’ble Supreme Court then it will amount to contempt of court order.     

Adv. Vanita Chandrakant Giri

 

Agree Comment 0 Agrees over 3 years ago

The SC order essentially means that whatever situation existed on the day of the order (and not the High Court order) should be continued. Thus, orders already implemented prevail.

Agree Comment 0 Agrees over 3 years ago

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