It is not possible for me to predict as to which party has more chance to win before the division bench (double bench) of the high court, in the absence of knowledge of the detailed facts of the case. Result in a case depends on the detailed analysis of the facts and legal issues involved. In your case itself, results before 3 different courts have been different. It is not possible to speculate about the result of the case, more so since I am not even aware of the detailed facts and the legal issues in the present case. You should ask your lawyer if you are a party to the case.
If the order of the division bench of the high court is challenged before the Supreme Court, then let me point out that most of such challenges (which are in the form of SLP) are dismissed on the first date itself since the Supreme Court would generally refuse to issue notice in such SLPs (in such situation, it may take about a month or so only, in the Supreme Court). However, if the notice is issued in SLP, then the matter may take longer, and subsequently if leave is granted in the SLP (converting it into a regular appeal), the case may remain pending in the Supreme Court for a few years (generally, it may be 5-6 years or even more).
Yes, the order of the Supreme Court may affect the appointment also (if made on the basis of high court order) if the high court order is subsequently set aside by the Supreme Court.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
