Tuesday, October 10, 2023

Advocate is an officer of the court and has to assist in finding the truth- Manipur High Court

Service law - Recruitment - Cancellation of advertisement and examination - Present writ petitions, filed on mere presumptions, assumptions and conjectures that irregularities, illegalities, fabrication, etc. would likely to happen in the proposed MCSCCE, 2022, as occurred in the Main Examination 2016 - Another writ petition was also pending inter-alia praying for quashing the Rules of 2011 and for handing over conduct of examination to UPSC or some other authority - Reliefs prayed for in all these petitions are substantially same - Question of the validity of the Rules of 2011 has already been settled by the judgment and order passed by Single Judge - As this order is not challenged, the finding attains finality - By the present writ petitions filed by another set of new petitioners, the issues which have attained finality are being re-agitated before Court - Plea of the petitioners that they are not parties in the earlier round of litigation's does not hold good when one of the petitioners in the earlier litigation's and one of the counsel are the counsel in the present cases - Advocate is an officer of the Court and has to assist in finding the truth - Writ petitions dismissed.

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