Format of Writ Petition to High Court Under Article 226 10/25/17, 10)51 PM

Writ Petition under Article 226 or Article 32 of Constitution of India

Important points

1. All the High Courts (and the Supreme Court) publish their format for various kinds of applications
called High Court Rules. For example, M P High Court Rules is published by MP High Court. Among
other things, is provides the format for Writ Petition (Form 7 of MP High Court Rules.)
2. Format is a little different for a regular Writ Petition and a Writ Petition for PIL (Public Interest
Litigation). See Form 8 of MP High Court Rules for a sample of PIL.

The following is an extract from an actual Writ Petition that we filed in MP High Court.

IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAL SEAT AT JABALPUR / BENCH AT INDORE /BENCH AT GWALIOR

Writ Petition No. ………… / 20…….

Cause Title

Petitioner : The name, age, father/husband’s name, occupation

and complete address and fax number with S.T.D.
Code and e-mail address, if any;

Vs.

Respondent : The name, age, father/husband’s name, occupation,

and complete address and fax number with S.T.D.
Code and e-mail address, if any;

(Writ Petition under Article 226 of the Constitution of India)

1. Particulars of the cause/order against which the petition is made:

(1) Date of Order / Notification / Circular / Policy / Decision etc : N. A.
(2) Passed in (Case or File Number) : N. A.
(3) Passed by (Name and designation of the Court, Authority, Tribunal etc.) : N. A.
(4) Subject-matter in brief :
The petitioners are final year law students pursuing LLB (3 Year Degree Course, Semester System) from
Govt. Law College, Indore, which is affiliated to Devi Ahilya Vishwa Vidyalaya (referred hereinafter as
DAVV in brief) and they intend to pursue LLM in academic session 2009-2010. They also intend to appear in
Civil Judge Class II Examination, which is being conducted by Honourable High Court of M. P. in September
2009.
This petition is filed by the petitioners challenging -
a. the inaction of DAVV and its inordinate delay in conducting LLB 6th semester exam, which was to be
held in May 2009 and the result of which was to be declared in June 2009.
b. the arbitrary and illegal award of marks in one practical subject named “Moot Court, Pre-trial

http://hanumant.com/formats/DPC-Writ%20Petition%20Art%20226.html Page 1 of 3
Format of Writ Petition to High Court Under Article 226 10/25/17, 10)51 PM

Preparation and Participation in Trial Proceedings”.

As these actions are preventing the petitioners from –
a. pursuing LLM in the academic session 2009-2010
b. appearing in Civil Judges Class II Examination to be conducted by Honourable High Court of M. P. in
September 2009.

2. A declaration that no matter pending: Petitioners declare that no matter relating to the subject matter of
this petition has been previously instituted or is pending in any Court, authority or tribunal at the instance of
the petitioners.

3. Details of remedies exhausted:

Petitioners have given written representation to Registrar, DAVV as well as to Vice Chancellor, DAVV on
03/06/2009. They have also personally met with the Registrar as well as the Vice Chancellor seeking
redressal to their grievances. However, no attempt has been made to safeguard the future of the petitioners
and other similarly placed students.

4. Delay, if any, in filing the petition:

Petitioners declare that there is no delay in filing of this petition.

5. Facts of the case:

(Give a concise statement of facts in chronological order in separate paragraphs)

6. Grounds urged :
6.1 Because the petitioners future is at stake as they are unable to take admissions in other colleges and
universities of India for LLM courses due to late conduction of examinations. Complete one year of
petitioners is being wasted because of this inaction and irresponsible attitude of Respondent No. 1.
6.2 Because even School of Law Respondent No. 3, which is run by DAVV, is not allowing the petitioners
to appear in their entrance exam for LLM.
6.3 Because due to low marks awarded to the petitioners in the practical subject, they have been rendered
uncompetitive to secure admission in LLM courses in colleges affiliated to DAVV on the basis of merit. The
low marks awarded in the practical subject also look bad on the petitioners’ resume and adversely affect the
petitioners’ chances of securing a job or other career related activities.
6.4 Because the Petitioners are unable to appear in Civil Judge Class II examination which is being
conducted in September 2009 for no fault of theirs.
6.5 Because petitioners are being denied their fundamental right to work due to delay in obtaining Sanad.
6.6 Because it is a duty of DAVV to conduct exams fairly and on time, which it has failed to do.
6.7 Because it is a duty of Respondent No. 2, to evaluate the students fairly in Practical subjects, which it
has failed to perform.

7. Relief Prayed for:

Petitioners pray that this Honourable Court may be pleased to:
7.1 By issuing a writ of mandamus or any other appropriate write, order, or direction, direct the Respondent
No 1 and 2 to conduct the exams of 6th semester of LLB course and declare the result without further delay.
7.2 Respondent No. 3, be directed to permit the petitioners to appear for their entrance examination for
LLM and be given provisional admission if they are successful in the entrance examination.

http://hanumant.com/formats/DPC-Writ%20Petition%20Art%20226.html Page 2 of 3
Format of Writ Petition to High Court Under Article 226 10/25/17, 10)51 PM

7.3 Respondent No 1 and 2 be directed to either –

a. Ignore the marks in this subject for calculation of aggregate percentage for LLB Degree. It is worth
mentioning that that DAVV already does ignore the marks for Paper 5 of Semester 5, which is also a practical
subject.
b. Rationalise the marks given in the practical subject of “Moot Court, Pretrial Preparation, and
Participation in Trial Proceedings”.
7.4 Cost of this petition be awarded to the petitioners.
7.5 Any other relief, which this Honourable Court deems fit in the peculiar facts and circumstances of the
case.

8. Interim Relief:
The petitioners pray that Respondents 1 and 2 be directed to conduct LLB 6th semester exam and declare the
result without any further delay.

9. Documents relied on but not in possession of the petitioner:

9.1 List of marks obtained by students of all Law colleges affiliated to DAVV in the practical subject of
“Moot Court, Pretrial Preparation, and Participation in Trial Proceedings” in March 2009.
9.2 Submissions of students who scored above 80 marks or below 60 marks of Respondent No. 2, as well as
other colleges affiliated to DAVV made towards the subject of Moot Court (Paper 4 of 5th semester).

10. Caveat:
That no notice of lodging a caveat by the respondents has been received by the petitioners.

Place: …………………. (Signature)

Date: ………………….. Counsel for Petitioner(s)

Verification

I, ______, do hereby verify that the contents from paras 1 to 10 are correct and true to the best of my
knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at Indore this 4th Day of September 2009.

(Signature)
Plaintiff

http://hanumant.com/formats/DPC-Writ%20Petition%20Art%20226.html Page 3 of 3