Writ Jurisdiction Of High Courts Cannot Be Exercised To Execute An Order Passed By Supreme Court: Allahabad High Court
|The Allahabad High Court, Lucknow Bench, held that the writ jurisdiction of the High Court cannot be exercised to seek direction for compliance with an order passed by the Supreme Court.
The Court dismissed a Writ Petition seeking directions against the Respondents to comply with the order passed by the Supreme Court whereby the appointment cancellation orders were quashed and the Respondents were directed to reinstate the Petitioners.
“No judgement to the effect that a writ can be issued by the High Court for compliance of the judgement of Hon'ble Supreme Court has been brought to the notice of this Court. Even otherwise there cannot be any judgment to the said effect in as much as once the judgement has been passed by the Hon'ble Supreme Court and there is non compliance of the same as such it is always open for the petitioners to file a contempt petition but there cannot be any occasion for the High Court to have the judgement of the Hon'ble Supreme Court complied with”, Justice Abdul Moin observed.
Advocates Sharad Pathak and Piyush Pathak appeared for the Petitioner, Advocate Ran Vijay Singh appeared for the Third Respondent and Advocate Prashant Kumar Singh appeared for the Fifth Respondent.
The case pertained to a group of Petitioners who had their appointments canceled by the Respondent. The Petitioners filed before the Supreme Court, whereby a judgment and order were passed in their favor. However, the concerned authorities failed to comply with the order and therefore, the Petitioners filed a contempt petition whereby the concerned authorities were directed to consider Petitioners’ representation. The Authorities did not comply with the latter order either. A Writ Petition was filed seeking compliance with the order passed by the Supreme Court.
The Court ascertained the issue: “when an order has been passed by Hon'ble Supreme Court with respect to the petitioners as to whether non-compliance of the same can be seen by the High Court”.
The Court noted that no judgment to the effect that a writ can be issued by the High Court for compliance with the judgment of the Supreme Court could be brought before the High Court.
Cause Title: Deepak Dewvedi v State Of U.P. Thru. Prin. Secy (Basic Education) Deptt. Of Basic Edu. Lucknow And 4 Others (2023:AHC-LKO:64464)