NDLI: High Court of Judicature for Rajasthan Vs. Ramesh Chand Paliwal and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India 1950 : Articles 226 235 and 146 229
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India, 1950 :Articles 226, 229, 235 and 146--Powers of Chief Justice and other Judges of High Court-Posts above Deputy Registrar filled up by bringing officers from Rajasthan Higher Judicial Service on deputation-Directions by Division Bench to the Registrar to prepare a report whether the posts can be manned by High Court staff and to place the report before Full Court-Validity of-Held, such a direction is contrary to Article 229 and also overrides Rule 2-A-Chief Justice of High Court is the supreme authority in the matter of appointment of High Court staff-Judges of High Court individually and all the Judges collectively cannot alter a constitutional provision or the rules made by the Chief Justice-Power of Chief Justice of High Court under Article 229 is akin to the powers of Chief Justice of India under Article 146-Rajasthan High Court (Conditions of Service of Staff) Rules, 1953 : Rule 2A. Articles 235 and 229-Control over Subordinate Courts and High Court administration-Distinction between-Held, control over Subordinate Courts vests in the 'High Court' but High Court administration vests in the 'Chief Justice'. Respondent No. 1 filed a writ petition challenging the promotion of respondent No. 2 on the post of Deputy Registrar. During the course of hearing, a point was raised by Respondent No. 2 that the High Court staff were not promoted above the post of Deputy Registrar and the higher posts were filled up by bringing officers of Rajasthan Judicial Service/Rajasthan Higher Judicial Service on deputation, causing frustration amongst the establishment of the High Court. The Court, though of the opinion that the .I' point raised was not necessary for disposal of the writ petition, issued a direction to the Registrar to prepare a report whether the posts on which officers belonging to Rajasthan Judicial Service were appointed could be manned by the High Court staff, and to place the said report before the Full Court. Aggrieved by the said direction, the present appeal was preferred.The contention of the appellant was that the Judges of the High Court were not competent while deciding the main controversy to issue the impugned directions which was contrary to the provisions of Article 229 of the Constitution and purports to undermine the authority of the Chief Justice.
Judge	Hon'ble Mr. Justice S. Saghir Ahmad
Neutral Citation	1998 INSC 105
Petitioner	High Court Of Judicature For Rajasthan
Respondent	Ramesh Chand Paliwal And Anr.
SCR	[1998] 1 S.C.R. 961
Judgement Date	1998-02-19
Case Number	835

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