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Supreme Court - Daily Orders

Nitisha vs Union Of India on 16 December, 2020

Bench: D.Y. Chandrachud, Indira Banerjee

                                                 1

     ITEM NO.34               Court 6 (Video Conferencing)             SECTION X

                              S U P R E M E C O U R T O F       I N D I A
                                      RECORD OF PROCEEDINGS

                            Writ Petition(s)(Civil)      No(s).1109/2020

     NITISHA & ORS.                                                  Petitioner(s)

                                                VERSUS

     UNION OF INDIA & ORS.                                           Respondent(s)

     (WITH IA No. 97328/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No.
     122364/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 121125/2020 -
     EXEMPTION    FROM  FILING   AFFIDAVIT,   IA   No.   122362/2020   –
     INTERVENTION/IMPLEADMENT, IA No. 98959/2020 - PERMISSION TO FILE
     ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 121123/2020 - STAY
     APPLICATION)

     WITH
     W.P.(C) No. 1158/2020 (X)
     (WITH IA No.102184/2020-STAY APPLICATION and IA No.102186/2020-
     APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER
     DOCUMENT, IA No. 102186/2020 - APPLICATION FOR EXEMPTION FROM
     FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT, IA No. 102184/2020 -
     STAY APPLICATION)

     W.P.(C) No. 1172/2020 (X)
     (WITH IA No. 121397/2020 - APPLICATION FOR EXEMPTION FROM FILING
     ORIGINAL   VAKALATNAMA/OTHER   DOCUMENT,  IA    No.   103326/2020 -
     APPROPRIATE     ORDERS/DIRECTIONS,    IA    No.     121248/2020   –
     CLARIFICATION/DIRECTION, IA No. 103329/2020 - EXEMPTION FROM FILING
     AFFIDAVIT, IA No. 121250/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA
     No. 121394/2020 – INTERVENTION/IMPLEADMENT, IA No. 103330/2020 -
     PERMISSION TO FILE LENGTHY LIST OF DATES)

     Date : 16-12-2020 These petitions were called on for hearing today.

     CORAM :             HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                         HON'BLE MS. JUSTICE INDIRA BANERJEE

     For Petitioner(s)            Mr.   P.S. Patwalia, Sr. Adv.
                                  Mr.   Rakesh Kumar, AOR
                                  Ms.   Alka Verma, Adv.
                                  Ms.   Frida Nicholas, Adv.
Signature Not Verified
                                  Mr.   Sanjay Kumar Yadav, Adv.
                                  Mr.   Anupam Kirti, Adv.
Digitally signed by
Sanjay Kumar
Date: 2020.12.16
16:08:46 IST
Reason:                           Mr.   Akshat Chaitanaya, Adv



                                  Mr. Mohan Kumar, AOR
                                           2


                         Ms. Meenakshi Arora, Sr. Adv.
                         Ms. Archana Pathak Dave, AOR

For Respondent(s)        Mr.   Sanjay Jain, ASG
                         Mr.   R.Bala, Senior Advocate
                         Ms.   Seema Bengani, Adv.
                         Ms.   Shraddha Deshmukh, Adv.
                         Mr.   Arvind Kumar Sharma, AOR


       UPON hearing the counsel the Court made the following
                              O R D E R

1 Application for impleadment filed by Mr Rakesh Kumar, Advocate-on-Record, is allowed.

2 Applications for impleadment filed by Ms Archana Pathak Dave, Advocate-on-

Record, are allowed. The office report indicates that the requisite court fee has not been filed in filing these applications. Learned counsel for the applicants undertakes to file requisite court fee within four weeks. 3 Ms Meenakshi Arora, Senior Counsel appearing on behalf of the petitioners in WP(C) No 1172 of 2020, states that she would wish to file an affidavit in rejoinder. Mr Sanjay Jain, Additional Solicitor General, also states that if the counter affidavit which has been filed already needs to be supplemented with any further affidavit to deal with the facts of the companion petitions, an additional counter affidavit shall be filed within a period of three weeks from today.

4 List the Writ Petitions on 18 December 2020 for hearing on interim relief. 3 IA No 131541 of 2020 1 The IA has been moved by Lt Col Navneet Lobana, third petitioner in WP(C) No 1109 of 2020. The officer is presently pursuing her M.Tech degree course in CME Pune and is in the midst of the course. A communication has been addressed to her on 1 December 2020, requiring her to either withdraw from the M.Tech course or make a payment of the entire cost of the course. 2 Till further orders, no coercive steps shall be taken against Lt Col Navneet Lobana in terms of the communication dated 1 December 2020.

         (SANJAY KUMAR-I)                               (SAROJ KUMARI GAUR)
            AR-CUM-PS                                      COURT MASTER