Union of India v. Registrar General High Court of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Online)(MP) 2

MADHYA PRADESH HIGH COURT
Division Bench, J
Union of India v. Registrar General High Court of Madhya Pradesh

Table of Content
1. challenge to the rules governing superintendence over tribunals. (Para 1 , 2)
2. arguments on judicial versus administrative superintendence. (Para 3 , 4)
3. interpretation of art. 227 and implications for tribunal oversight. (Para 5 , 6 , 7)
4. declaration of rules as ultra vires. (Para 8)
5. final ruling in favor of the writ petition. (Para 9)

1. A Division Bench of this Court vide order dated 8-4-2002 found that the issue involved in the instant writ petition is of grave importance and immense signification and, therefore, deserves consideration by the Larger Bench, In view of the aforesaid order the matter has been placed for consideration by this Bench. The petitioner has challenged the vires of Schedule appended to M.P. High Court Superintendence of Tribunals Rules, 1998 insofar as it pertains to Entries 9 and 10 of the Schedule. In order to appreciate the petitioner's challenge, few facts need mention which are stated infra.

2. In exercise of powers under Art.323 - A of the Constitution of India the Parliament has enacted Administrative Tribunals Act, 1985. Under the aforesaid Act, the Central Administrative Tribunal and the Madhya Pradesh State Administrative