Application for Clarification in Supreme Court: Format and Filing Guide

IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)

MISCELLANEOUS APPLICATION NO. _____ OF 20____
IN
CIVIL APPEAL NO. _____ OF 20____

IN THE MATTER OF:
________________________ Applicants / Original Appellants
VERSUS
________________________ Respondents

APPLICATION SEEKING CLARIFICATION OF THE JUDGMENT AND ORDER DATED __________

TO
HON'BLE THE CHIEF JUSTICE OF INDIA AND THE HON'BLE COMPANION JUDGES OF THE SUPREME COURT OF INDIA

THE HUMBLE APPLICATION OF THE APPLICANTS ABOVE NAMED
MOST RESPECTFULLY SHOWETH:

1. That this Hon'ble Court delivered its common judgment and order dated __________ in Civil Appeal No. _____ of 20____ and connected matters concerning a challenge to reservation for local residents of scheduled districts in recruitment to Trained Graduate Teacher posts under Advertisement No. _____ of 20____. The proceedings also concerned, as recorded in the judgment, the applicants' grievance relating to Advertisement Nos. 1 of 2017 and 2 of 2017 for the posts of Lower Divisional Clerks (Collectorate Grade), Panchayat Secretary, Lower Divisional Clerks and Stenographers.

2. That the applicants participated in the selection process for the said posts and underwent document verification in 2019 conducted by the Jharkhand Staff Selection Committee. The final results for the concerned posts have, according to the applicants and subject to verification as on the filing date, not been published. The prolonged process has caused prejudice, including to candidates who have crossed the prescribed age for further recruitment opportunities.

3. That in the common judgment this Hon'ble Court recorded the applicants' grievance in Civil Appeal No. 4043 of 2022 that their recruitment under Advertisement Nos. 1 of 2017 and 2 of 2017 was distinct from the dispute concerning the appointment of Trained Graduate Teachers under Advertisement Notification No. 21 of 2016. The applicants rely on the precise observations contained in paragraph _____ of the judgment. A true copy of the judgment dated __________ is annexed as Annexure P-1 (pages _____ to _____).

4. That this Hon'ble Court recorded submissions on behalf of the applicants in paragraph _____ and issued directions concerning the publication of merit lists in paragraph _____. The applicants respectfully seek clarification only regarding whether, and to what extent, those directions extend to the recruitment processes under Advertisement Nos. 1 of 2017 and 2 of 2017.

5. That after the judgment the applicants submitted a representation dated __________ to the respondent authorities requesting publication of final results and appropriate action in accordance with the judgment. A copy of the representation is annexed as Annexure P-2 (pages _____ to _____).

6. That the applicants understand that the respondent authorities have expressed difficulty in implementing the judgment in relation to the aforesaid recruitment because paragraph _____ does not expressly refer to the posts under Advertisement Nos. 1 of 2017 and 2 of 2017. The applicants rely upon the following communication or supporting material: __________.

7. That the applicants submit that clarification of the scope of the operative directions is necessary to resolve the stated implementation difficulty. The applicants do not seek reconsideration of the findings of the judgment or adjudication of a new substantive claim. The applicants respectfully acknowledge that maintainability and any consequential direction are matters for determination by this Hon'ble Court.

8. That the present application is made bona fide and in the interest of justice. Where applicable, the applicants make the sworn averments required by the Registry circular dated 3 January 2025 in a separate supporting affidavit, accurately setting out any subsequent events rendering an executory direction impossible to implement. No such factual assertion should be made unless supported by the record.

PRAYER

In the premises aforesaid, it is most respectfully prayed that this Hon'ble Court may be pleased to:

1. Clarify the scope and applicability of paragraph _____ of the common judgment and order dated __________ in Civil Appeal No. _____ of 20____, insofar as it relates to the recruitment process under Advertisement Nos. 1 of 2017 and 2 of 2017;
2. If this Hon'ble Court finds the relief maintainable and consistent with the judgment, clarify whether the respondent authorities are required to publish the final results or state-level merit lists for the concerned posts and take consequential steps, including issuance of appointment letters to eligible successful candidates, in accordance with law; and
3. Pass such other order as this Hon'ble Court may deem fit and proper in the circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY BOUND SHALL EVER PRAY.

DRAWN AND FILED BY
________________________
ADVOCATE-ON-RECORD FOR THE APPLICANTS

Place: New Delhi
Date: __________

Supporting affidavit / verification (adapt as required)

I, __________, aged _____ years, residing at __________, being the applicant / authorised deponent, solemnly affirm that paragraphs _____ to _____ are true to my personal knowledge, paragraphs _____ to _____ are based on records believed to be true, and no material fact has been concealed. The averments concerning any subsequent implementation difficulty are based on __________. Verified at __________ on __________.

DEPONENT: ____________________