The High Court can issue writs of certiorari, mandamus, prohibition, quo warranto and habeas corpus, and any other order needed to enforce fundamental and legal rights. Writ practice is at the heart of my work at the Lucknow Bench.
Common writ matters
- Service and recruitment disputes, including select lists, eligibility and appointment
- Orders of the U.P. State Public Services Tribunal and the Central Administrative Tribunal
- Inaction by a department on a representation, pension, refund or pending application
- Cancellation of licences, allotments and tenders, and blacklisting
- Education matters: admissions, results, fees and disciplinary action against students
- Habeas corpus for unlawful detention
What the Court looks at first
Before deciding the merits, the Court usually asks three questions. Is there an equally effective alternative remedy, such as a statutory appeal or a tribunal, that should have been used first? Has the petitioner come without unexplained delay? And is the dispute one of public law, rather than a private contractual claim? A petition that answers these questions up front is far more likely to be heard.
How I prepare a writ petition
- A representation to the authority, where one is needed, so the record shows the demand and the refusal or silence
- A short, clear statement of facts with every document annexed in order
- Grounds tied to the specific rule, government order or judgment that was breached
- Interim relief where waiting for the final hearing would defeat the purpose of the case