What are the determining factors to list a case in the daily cause list?
Commissioned into the Corps of EME Indian Army in Dec 1978 at the age 23 and then retiring at the age of 54 years my exposure to Indian Judicial system is obviously restricted. Though a native of Hooghly West Bengal post retirement I have settled at Sec-Bad . In fact while in service got married to a girl born and brought in Sec-bad at Secunderabad in 1984 I made this station as my second home and then changed my permanent add to Flat No 401 Ushodaya Apts SV Colony RK Puram Sec-Bad -500056 since 2003 on acquiring a 3 bhk Flat in my name in 2002. It is all on my service records.Then last leg posted to 1 EME Centre (where I got married in 1984) at secunderabad since 03 Dec 2007 till retired on 31 Jan 2009 and continue to live there after. My youngest daughter moved with me from Meerut and was admitted to KV Trimulghery Sec-bad on 11 Dec 2007, then migrated to Sri Chaityana Junior College Secunderabad under BIE AP till completion of class XII in 2013. She sat for EAMCET for a MBBS seat and could get a rank of 2318 in OC/OU category. She was offered at the final counselling a MBBS Seat in Private B college in AP but refused.
I applied for a CAP cert being an ESM, registered with ZSWO Ranga Reddy, lived for more than 5 years in AP in my own flat which is my permanent address since 2003 for a MBBS seat in AP for my daughter based on her relative merit in 1 % CAP quota for MBBS. I was denied the CAP cert by the ZSWO RR simply stating that I am not considered a domicile as I had not commissioned into the Army from this state of AP. In that order they have referred to the order of on a writ appeal namely WA 951 &952 of 2006 (AP HC) and a memo issued by the Director of Sainik Welfare AP which also has referred to the court order noted above.
In the order disposing the cases where one ESM was not registered with ZSWO of the state and another ESM got himself registered later (though he was staying with family for more than five years in the state of AP). The appeal of the former ESM was summarily rejected while the case other ESM was rejected as "mere residence for 5 years in AP' was not enough etc .The court at the end observed that to avail facilities offered by the state an ESM must "Register with the ZSWO of that state and be a domicile of that state". The court did not give any direction to the govt of AP whether the govt order on the issue is either to be superseded or amended as to eligibility of an ESM to avail facilities offered by the state.
The Govt order in vogue i.e AP GO Ms 370 of 1994 as amended time to time in respect of CAP quota states that any child whose ESM (parent) who has lived 5 years in AP irrespective of the nativity is eligible for a CAP quota." I was therefore compelled to submit a writ petition to the high court of AP against the order issued by the ZSWO RR denying me a CAP cert for my daughter. It was filed on 16 Jul 2013, regd on 18 Jul 2013. But the judge was changed stating it was wrongly posted. Then it was heard by another Judge on 8 Aug 2013 who gave two weeks time to the respondent (GP Home) to file their counter. It was then listed on 12 Sep at serial 94, then on 18 Sep at serial 95, then in onward list on 11 Oct and then on 21 Oct and then at 104 on 29 Oct with another Judge. The court was not able to take up my writ despite several representations to the Hon’ble judge to take up my case as counselling for the MBBS seats started on 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. Jul to 29 Jul, then from 11 Sep to 20 Sep and in the first week of Oct 2013.
My request is to the law commission to educate a common man like me to expand my horizon as to how interlocutory (pending cases) cases in a court find themselves listed on the daily cause lists and the printed cause lists prepared for one week in advance. What are the determining factors to list a case at serial number 1 or at 94,95, onward or at 104 in the daily cause list? Why my case was not listed at serial number 1 and ensured that the respondent who is yet to submit its counter to the court or dispensed with the counter as the order of the ZSWO is in black and white.
What is the exact rule or time tested tradition of issuing court slip with court order signed by court officer authenticated by deputy registrar to post/list a case out of turn where my advocate despite drawing attention to the need and urgency of my case was not issued with such a priority slip. Where is confirmity that those court slips pouring in from different courts bearing signature of the advocate and the court officer without any registered serial number on the court slip are acted upon in an orderly manner and not misused or abused in collusion.
I am of the view law commission, SC and the HC has not paid much attention to this very very critical aspect where a seriality of a case in the cause list is decided in the most adhoc manner and the system in vogue is put to grave misuse.
Would you please use the influence of your office for a common man like me to inform me that why my Writ 21313 of 2013 in the high court of AP is being transferred from this court to that court for 3 times in mere 3 months and why the GP home is not being charged with contempt of court?
Lt Col retd Haridas Mandal
Flat No 401 Ushodaya Apts
SV Colony RK Puram