- (1.) I have heard learned counsel for the petitioner. The petitioner had filed an earlier writ petition, being C.W.J.C. No. 1624 of 1999, which was finally decided by the judgment and order of this Court dated 23.9.2002.
(2.) A copy of that judgment is enclosed as Annexure 9 to the present writ petition. After noting the points argued from the respondents' side, the learned Single Judge by the judgment and order dated 23.9.2002 was pleased to dismiss the writ petition. Strangely, while dismissing the writ petition, certain positive directions were issued to the respondents. In this writ petition this Court is not sitting in appeal over the aforesaid decision of the learned Single Judge dated 23.9.2002. Therefore, while deciding the present writ petition, it is not open to this Court to modify or change the directions given by the judgment and order dated 23.09.2002. What has to be seen is whether by the impugned order enclosed as Annexure 12 to this writ petition the respondents have complied or violated the final judgment dated 23.9.2002, which has attained finality inter partes.
(3.) THE relevant paragraph is para 10 of that decision and it is reproduced below for ready reference. "Therefore, in the aforesaid circumstances, as the disputed question of facts are there, the writ application is dismissed with the directions that the respondent Board (I) should get the petitioner scientifically examined by a Medical Board for determination of his age and (ii) the petitioner shall produce all the relevant documents such as voter list, if any, ration card and such other documents, which incidentally record the approximate age to the Secretary of the Board and thereafter, on the basis of the Scientific Determination of age and other documents, if produced, and it is found that the petitioner's date of birth is some where near the date of birth as claimed by him, he shall be reinstated, but if there is big and appreciable departure, then he shall be given no relief. These much be completed within two months from the date of receipt/production of a copy of this judgment by or before the Secretary." ;