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How to file a case in SC when Writ and LPA dismissed by HC


18-Jul-2023 (In Supreme Court Law)
My son has passed out his 12th board through CBSE in 2016 by 62℅ and qualify the JEE mains examination in 2016 but with low rank and he was not succeeded in counseling as same as 2017 but in his 3rd and last attempt he qualified it and got 239 marks and 525 rank in JEE mains and allotted a seat in NIT HAMIRPUR but again he failed in counseling process due to the eligibility criteria of NIT'S .In 2016 there was no eligibility criteria at that time but JOSSA changes its circular in 2017 of the eligibility criteria of 75℅ in NIT's .my view is that he should to changes its circular except 2016 batch because many candidates of 2016 batch have not got 75℅marks and on that time there was also no any circular like that and they don't know about that changes and after his seat allotted in NIT's I was filed a writ and LPA to the high Court patna but they dismissed my case .Sir ,after dismissed of my writ and LPA of nit eligibility criteria can I file this case in the supreme Court?
Answers (3)

Answer #1
556 votes
Hello client yes u can file writ petition appeal in supreme court .as u have told in ur query tht u have filled LPA in Patna high court and u have mentioned everything as u have mentioned here regarding ur son candidature for NIT seat hamirpur.in this matter due to JOSSA changes rules .which u have challenged in Patna high court so in this matter ur having a a fit case to get it challenge in supreme court .
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRato Delhi | 1000+ Answers
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Answer #2
888 votes
Dear Parent, Against a decision of High Court in Writ or LPA, one may approach the Supreme Court by filing an SLP through an Advocate-on-Record (AOR) within 90 days. This answers your query. On merits, it will be difficult to comment without seeing the papers and the Judgements of the Patna High Court. Please seek consultation. Wishing you a good day!
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Advocate Rishi Raj Sharma

Adv. Rishi Raj Sharma

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Answer #3
830 votes
Dear Sir It is very disheartening to see, your son missing the NITs due to a post facto rule change. As i understand your son has qualified for the exam but due to 75% eligibility rule he has been disqualified. Your case is that when he qualified the class 12th exam there was no such rule in existence, you are seeking an exception be made for your son and students similarly placed for NITs. Though it appears that you have a good case prima facie, a detailed study of the circulars, caselaws and various byelaws is required. I would suggest a detailed call in this regard. Warmly Ambanshu Ambanshu Sahni
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Advocate Ambanshu Sahni

Adv. Ambanshu Sahni

LawRatoChandigarh | 25+ Answers
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