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What to do if the HC has rejected the writ petition


13-May-2023 (In Civil Law)
HC dismissed my writ petition for correction of dob in 10th marksheet(cbse). I have submitted birth certificate and 8th class marksheet showing dob in support of my claim. It's a genuine case. But still HC dismissed this case. My lawyer is saying to file LPA, you will definitely get remedy. What I have to do now? Is there any second appeal after LPA?
Answers (3)

Answer #1
555 votes
Have you first approached the CBSE and what is its reply? Generally HC doesn't interfere in these matters unless the Board has rejected your claim on some extraneous grounds. It is necessary to know the ground of Board's rejection
Answer #2
664 votes
Dear Client, In the present case, you can file LPA ( Leter Patent Appeal) or basically known for First appeal in the hon'ble High Court. 2. Yes, there is second appeal as well. However, the second appeal is filed in the hon'ble High Court where question of law is in question in the case.
Answer #3
848 votes
Single Judge must have recorded reason for dismissing your writ application. Because what I have experienced in 20 years of my practice in High Court , court has always took lenient approach in these type of issues. So far as LPA, you have no other option but to file LPA.

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Comments by Users

gv
My petition under Article 226 rejected by Bombay Highcourt. What next remedy?

Reply by LawRato
If your petition under Article 226 of the Constitution of India has been rejected by the Bombay High Court, the next remedy available to you would be to file a Letters Patent Appeal (LPA) before a division bench of the High Court.
The LPA is a statutory right of appeal provided under the Letters Patent of the High Courts in India. It allows an appeal to be filed against a judgment or order of a single judge of the High Court to a division bench of the same High Court. However, it is important to note that an LPA can only be filed on limited grounds, such as substantial questions of law or difference of opinion between judges. The LPA cannot be filed on the basis of re-argument or a re-evaluation of evidence.

Alternatively, another available remedy is to file an appeal before the Supreme Court of India.
Under Article 136 of the Constitution, the Supreme Court has the power to grant special leave to appeal against any judgment, decree, determination, sentence or order in any cause or matter passed by any court or tribunal in India. In other words, the Supreme Court has the discretionary power to hear and decide on appeals against any judgments or orders of any court or tribunal in India, including the High Courts. The Supreme Court has the power to grant special leave to appeal only in exceptional circumstances, where a substantial question of law is involved or where there is a gross miscarriage of justice.

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