The main legal point established in this judgment is that the Presidential Order establishing a permanent bench at Jaipur was valid and conferred exclusive jurisdiction on the bench over cases arising in the specified districts. The court also held that the Explanation issued by the Hon'ble Acting Chief Justice, defining when a writ case shall be deemed to arise, was beyond his powers and contrary to the Presidential Order and Article 226 of the Constitution.

1. - There is yet another challenge to the order dated December 23, 1976, passed by Hon'ble Chief Justice, which order was issued under the High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur) Order, 1976 (for short, the Presidential Order). Before we take up the order of the Hon'ble Acting Chief Justice, we may state briefly the position after inauguration of the Constitution on January 26, 1950. After the inauguration of the Constitution on January 26, 1950, the old State of Rajasthan became a Part 'B' State. The new State of Rajasthan comprising of the territories mentioned in Section 10 of the State Reorganisation Act, 1956 (for short, the Act) was constituted on November 1, 1956, i.e., from the appointed date. Section 49 (2) of the Act contained a provision that from the appointed date, there shall be established a High Court for the new State of Rajasthan. As provided in Section 50(1) of the Act the existing High Court in the State of Rajasthan which till then was part B" State, ceased to function and 'stood abolished. The President issued an order on October 27, 1956 under sub-section(1) of Section 50, under which it was directed that the principal seat of the High Court for the new State of Rajasthan shall be at Jodhpur. The Chief Justice in exercise of his powers under Section 51(3) established a temporary Bench at Jaipur w.e.f. November 1, 1956. Subsequently, the said temporary Bench of the High Court at Jaipur was abolished by the Hon'ble Chief Justice under his order dated July 14, 1958. Since then the question of a permanent Bench of the High Court as under consideration of the Central Government. Eventually, the President in exercise of his powers conferred by sub-section(2) of Section 51 of the Act and after consultation with the Governor of Rajasthan and Chief Justice of the High Court of Rajasthan issued the Presidential Order which had come into force on January 31, 1977. The Presidential Order may now be read which reads as under:

"In exercise of the powers conferred by sub-section (2) of Section 51 of the State Reorganisation Act, 1956 (37 of 1956), the President, after consultation with the Governor of Rajasthan and the Chief Justice of the High Court of Rajasthan, is pleased to make the following Order, namely:

1. Short title and commencement - (1) This Order may be called the High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur) Order, 1976.

(2) It shall come into force on the 31st day of January, 1977.

2. Establishment of a Permanent Bench of the Rajasthan High Court at Jaipur - There shall be established a permanent Bench of the High Court of Rajasthan at Jaipur, and such Judges of the High Court of Rajasthan, being not less than five in number, as the Chief Justice of that High Court may, from time to time nominate, shall sit at Jaipur in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of Ajmer, Alwar, Bharatpur, Bundi, Jaipur, Jhalawar, Jhunjhunu, Kotah, Sawaimadhopur, Sikar and Tonk:

Provided that the Chief Justice of that I ugh Court may, in his discretion, order that any case or class of cases arising in any such district shall be heard at Jodhpur.
Sd/- F.A. Ahmed

President "After the aforesaid Presidential Order was issued the Hon'ble Acting Chief Justice, as said earlier, issued an order dated December 23,1976 which reads as under:

"RAJASTHAN HIGH COURT JODHPUR

NOTIFICATION

No.1 /J-D
Dated. December 23,1976

In pursuance of the High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur) Order,1976 and in exercise of the powers under sub-section(2) of Section 44 of the Rajasthan High Court Ordinance, 1949 read with Section 54 and 57 of the State Reorganisation Act, 1956, the Hon'ble the Chief Justice has been pleased to order that with effect from the 31st day of January, 1977-

(a) all cases arising in the revenue districts of Banswara, Barmer, Bikaner, Bhilwara, Chitt