Name - Pooja Singh. Class - Bcom LLB 9 SEM Section - D ROLL NO. - 181/16 University Roll No. - 14697 Assigned Teacher - Sanjeev Sir

NAME – POOJA SINGH.
CLASS – BCOM LLB 9TH SEM

SECTION – D
ROLL NO. – 181/16
UNIVERSITY ROLL NO. – 14697
Assigned teacher - Sanjeev Sir

Before
THE HONOURABLE HIGH COURT OF STATE Z
Under Article 226 of the Constitution
HARSH KUMAR AND OTHERS…..………………………
PETITIONER
v.
STATE OF STATE Z ……….………………………….……RESPONDENT
TABLE OF CONTENTS
INDEX OF
AUTHORITIES...................................................
...............................................4
STATEMENT OF
JURISDICTION..................................................
...................................5
STATEMENT OF
FACTS..............................................................
......................................6
ISSUES
RAISED............................................................
.........................................................7
SUMMARY OF
ARGUMENTS...................................................
..........................................9
ARGUMENTS
ADVANCED......................................................
...........................................11
PRAYER…………………………………………………………
…………………………………13
LIST OF ABBREVIATIONS
& - and
Can’t – Cannot
v. – versus
Hon’ble – honourable
No. – Number
SC – Supreme Court
INDEX OF AUTHORITIES
CASES REFERRED AND CITED:

1. Maneka Gandhi v UOI, (1978) 1 SCC 248
2. M.Nagaraj & Others v. Union of India & Others
3. M.P. Oil Extraction v. State of M.P ((1997) 7 SCC 592)
BOOKS REFERRED:
*Basu D.D., Commentary of the Constitution of
India, (8th ed., 2011), Vol.1.
* Basu D.D., Commentary of the Constitution
of India, (8th ed., 2011), Vol.2.
* Basu D.D., Commentary of the Constitution
of India, (8th ed., 2011), Vol.9.
*Datar A.P., Datar on Constitution of India, (1st
ed., 2001), Wadhwa and Co.
*Jain M.P., Indian Constitutional Law, (6th ed.,
2010), Lexisnexis Butterworths Wadhwa, Vol.1.
Kashyap S.C., Constitution of India, (2006),
Universal Law Publishing Co.
STATEMENT OF JURISDICTION
THE PETITIONER HAS FILED THE WRIT

PETITION BEFORE THE HON’BLE HIGH COURT
OF STATE Z, IN THE MATTER OF HARSH
KUMAR AND OTHERS v. STATE OF STATE Z,
UNDER ARTICLE 261 OF THE CONSTITUTION .
THE PRESENT MEMORANDUM SETS FORTH

THE FACTS, CONTENTIONS AND ARGUMENTS
STATEMENT OF FACTS
For the sake of brevity and convenience of Hon’ble Court the facts of the present case are summarised as follows:
1. In state Z , Ministry of Railways has a well known Institute, where in training for computers , mechanical & electrical
engineering is provided to those students who have science background at 12 th level in Non – Medical stream.
2. The skill, technical expertise & know how with which an apprentice is equipped in the training institutes is of such a
kind that the same can be used and exploited only in those factories where Railway engines – diesel and electric and
Railway coaches are manufactured as the said training course is imparted to make the apprentices adept in the field of
manufacturing railway engines and coaches . Thus the said training and skill can’t be used eeffectivel in any other kind
of manufacturing units.
3. 100 students on basis of merit take admission in institute. 3.50 lakhs is the annual fees . Employment on various
technical jobs in railway coach factories and Railway engine manufacturing units is provided after completion of course.
4. Harsh kumar along with other apprentices completed their training course in year 2016 . They were hopeful that they
would also be given employment but ministry of railway had taken a decision that new engineers from highly reputed
engineering institutes of India would be recruited to technical posts and further 6 months special training in
manufacturing of railway engines and coaches will be provided which will cost 1 lakh per apprentice.
5. The ministry was ready to spend that amount on the new recruits. The ministry is justifying it’s decision on the basis of
its policy of its future planning to introduce a few high speed trains in some areas of the country. Harsh along with
others apprentices filed a writ petition .
ISSUES RAISED
1. WHETHER THE WRIT PETITION FILED BY HARSH KUMAR AND OTHERS UNDER
ARTICLE 226 OF THE CONSTITUTION IS MAINTAINABLE?
2. IS THERE VOILATION OF ARTICLE 14 AND 16 OF THE CONSTITUTION?
3. WETHER DOCTRINE OF LEGITIMATE EXCEPTION APPLY OR NOT?
4. CAN COURT TAKE COGNIZANCE OF ANY OFFENCE UNDER APPRENTICE ACT ,
1961?
SUMMARY OF ARGUMENTS
1. THE WRIT PETITION FILED BY HARSH KUMAR AND OTHERS UNDER ARTICLE 226
OF THE CONSTITUTION IS NOT MAINTAINABLE ?
Yes, Petition field by Harsh Kumar and others under Article 226 of the
constitution. There is no period of limitation prescribed by any law for filing the
writ petition under Article 226 of the Constitution. There may be cases where
even short delay may be fatal while there may be cases where even a long delay
may not be evidence of laches.
2. IS THERE VOILATION OF ARTICLE 14 AND 16 OF THE CONSTITUTION?
Article 14 of the Indian constitution of India provides that the state shall not deny to any person Equality before the
law or the equal protection of the laws in the Territory of India.
Article 14 uses two expressions "Equality before law "which implies the absence of any special privileges in favour
of individuals and the subject of all classes to the ordinary law and equal protection of the law which implies "Equal
Treatment in Equal Circumstances“.
Maneka Gandhi v UOI, (1978) 1 SCC 248
The seven-Judge Bench held that a triumvirate exists between Article 14, Article 19 and Article 21. All these articles
have to be read together. Any law interfering with personal liberty of a person must satisfy a triple test: (i) it must
prescribe a procedure; (ii) the procedure must withstand the test of one or more of the fundamental rights
conferred under Article 19 which may be applicable in a given situation; and (iii) it must also be liable to be tested
with reference to Article 14. As the test propounded by Article 14 pervades Article 21 as well, the law and
procedure authorizing interference with personal liberty must also be right and just and fair and not arbitrary,
fanciful or oppressive. If the procedure prescribed does not satisfy the requirement of Article 14 it would be no
procedure at all within the meaning of Article 21.
Article 16 in The Constitution
Equality of opportunity in matters of public employment.
In 2006, the Supreme Court of India, in the case of M.Nagaraj & Others v. Union of India & Others, decided on the
constitutional validity of the 77th amendment. The honourable court stated that
3. WETHER DOCTRINE OF LEGITIMATE EXCEPTION APPLY OR NOT?
The doctrine of ‘Legitimate Expectations’ is one amongst several tools incorporated by

the Court to review administrative action. This doctrine pertains to the relationship
between an individual and a public authority. According to this doctrine, the public
authority can be made accountable in lieu of a ‘legitimate expectation’. A person may
have a reasonable or legitimate expectation of being treated in a certain way by the
administrative authorities owing to some consistent practice in the past or an express
promise made by the concerned authority.
The Supreme Court ruled in M.P. Oil Extraction v. State of M.P ((1997) 7 SCC
592) that the doctrine of legitimate expectations operates in the realm of public
law and is considered a substantive and enforceable right in appropriate cases. It
was held that the industries had a legitimate expectation with regards to past
practice and the renewal clause, that the agreements are renewed in a similar
manner.
4. CAN COURT TAKE COGNIZANCE OF ANY OFFENCE UNDER APPRENTICE ACT , 1961?
Notwithstanding anything in sub-section (1), where there is a condition in a contract

of apprenticeship that the apprentice shall, after the successful completion of the
apprenticeship training, serve the employer, the employer shall, on such completion,
be bound to offer suitable employment to the apprentice, and the apprentice shall be
bound to serve the employer in that capacity for such period and on such
remuneration as may be specified in the contract: Provided that where such period or
remuneration is not, in the opinion of the Apprenticeship Adviser, reasonable, he may
revise such period or remuneration so as to make it reasonable, and the period or
remuneration so revised shall be deemed to be the period or remuneration agreed to
between the apprentice and the employer.
PRAYER
Wherefore, in the light of the facts presented, arguments advanced and

authorities cited, the
Respondent humbly submit that the Hon’ble High Court of Matil Danu be pleased
to adjudge
and declare that:
1. The writ filed under Article 226 of the Constitution is maintainable.
2. Government policy is in public interest so shall be held valid.
3. Under Article 16 employment is everyone’s right so no discrimination to other
institutions candidates.
And pass any other relief, that this Hon’ble High Court of State Z may deem fit and
proper in the interest of justice, equity and good conscience.
For this act of kindness, the Respondent shall duty bound forever pray.
Sd. /-
(Counsel
for the Petitioner)

Name - Pooja Singh. Class - Bcom LLB 9 SEM Section - D ROLL NO. - 181/16 University Roll No. - 14697 Assigned Teacher - Sanjeev Sir

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NAME – POOJA SINGH.

CLASS – BCOM LLB 9TH SEM

Assigned teacher - Sanjeev Sir

CASES REFERRED AND CITED:

THE PETITIONER HAS FILED THE WRIT

THE PRESENT MEMORANDUM SETS FORTH

The doctrine of ‘Legitimate Expectations’ is one amongst several tools incorporated by

Notwithstanding anything in sub-section (1), where there is a condition in a contract

Wherefore, in the light of the facts presented, arguments advanced and

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