Case Note & Summary
The Bombay High Court, in this judgment, addressed the procedural confusion regarding whether writ petitions under Articles 226 and 227 of the Constitution of India should be heard by a Single Judge or a Division Bench. The matter arose from a writ petition filed by the Principal of Micky School, English Medium, against the State of Maharashtra and others. The petition was initially listed before a Single Judge, who on 24.2.2005 held that the petition was tenable only before a Division Bench, relying on Rule 18 of Chapter XVII of the Bombay High Court (Appellate Side) Rules, 1960. The court noted that the question of the appropriate bench for such petitions had been debatable, causing difficulty for the office in listing cases. The court examined the relevant rules, particularly Rule 1 of Chapter I, which states that civil and criminal jurisdiction on the Appellate Side shall be exercised by a Division Court, and Rule 2, which specifies matters that can be disposed of by a Single Judge. The court concluded that writ petitions under Articles 226 and 227 fall within the ambit of Rule 18, requiring a Division Bench. The judgment clarifies the applicable law to resolve the confusion and ensure proper listing of such petitions.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Rule 18 of Chapter XVII of Bombay High Court (Appellate Side) Rules, 1960 - The court considered the appropriate bench for hearing writ petitions under Articles 226 and 227 - Held that such petitions are to be heard by a Division Bench as per Rule 18, unless otherwise provided (Paras 1-4)
Issue of Consideration
Whether a writ petition filed under Article 226 or 227 of the Constitution of India should be heard by a Single Judge or a Division Bench of the Bombay High Court
Final Decision
The court clarified that writ petitions under Articles 226 and 227 of the Constitution of India are to be heard by a Division Bench as per Rule 18 of Chapter XVII of the Bombay High Court (Appellate Side) Rules, 1960, unless otherwise provided.
Law Points
- Writ petitions under Article 226 and 227 of the Constitution of India are to be heard by a Division Bench as per Rule 18 of Chapter XVII of the Bombay High Court (Appellate Side) Rules
- 1960
- unless otherwise provided
