Apex Court To Examine Whether Division Bench Of High Court Has Jurisdiction To Entertain Challenge To Single Judge’s Order Under Article 227

The Supreme Court has granted leave to examine a plea challenging the decision of a High Court Division Bench that intervened in a Single Bench ruling made under Article 227 of the Constitution.

The core question before the Court is whether the Division Bench had the valid jurisdiction to entertain a challenge against a Single Judge's order rendered while exercising supervisory powers.

The Bench of Justice Hrishikesh Roy and Justice Aravind Kumar said, "The question here is whether the Division Bench had valid jurisdiction to entertain a challenge to a Single Judge’s order who exercised supervisory jurisdiction under Article 227 of the Constitution."

"Leave granted. Hearing be expedited," the Bench said in its Order dated July 23. 

The case pertains to the termination of a teacher, wherein the Gujarat High Court's Single Bench quashed the order of the Gujarat Affiliated Colleges Services Tribunal, thereby upholding the dismissal of the teacher.

Following the Single Bench's order, the teacher filed an Appeal before the Division Bench under Article 227. The Division Bench subsequently reversed the findings of the Single Bench, prompting the appellant to challenge this decision before the Apex Court.

The Division Bench of the High Court had said, "It is thus, manifestly clear that the Ordinance 69B of the South Gujarat University, which was introduced to Gujarat Ordinance No.10 of 1981, lost its efficacy and all the Universities of the State of Gujarat including South Gujarat University, were governed by the Tribunals Act." 

"We are of the considered view that the learned Single Judge has thus fallen in error in allowing Special Civil Application No.9300 of 2010 dated 29.09.2010 by quashing and setting aside the order dated 01.07.2010 in Application No.61 of 2003 rendered by the Tribunal on the ground that the Ordinance 49B (SIC 69B) is a special law which is prevailing over the Tribunals Act which a general law. For the foregoing reason, the order of the learned Single Judge is therefore, quashed and set aside and order of the Tribunal is hereby restored," the High Court had said in its Order. 

Cause List: S AD Vidya Mandal & Anr. v. Hemant C. Jadhav & Ors. 

Appearance:-

Petitioner: Advocates Anchit Bhandari, K. Paari Vendhan (AOR)

Respondent: Advocates Mithilesh Kumar Singh (AOR),  Manju Singh, Ashutosh Kumar Singh, Aditya Durgvanshi, Saumitra Singh

Click here to read/download the Order