ORDER

Kurian Joseph, J. - Leave granted.

2. The appellant appeared for the competitive examination for the State service conducted during the year 2010. He approached the High Court of Madhya Pradesh seeking benefit of certain answers for which marks had not been awarded, which was found out in the process of RTI application. Learned Single Judge, as per judgment dated 28.03.2016, granted the consequential benefits on appointment and seniority. That was challenged by Respondent No.1/State Public Service Commission before the Division Bench. In the impugned judgment(s), though the Division Bench, in principle, agreed with the process, the Division Bench was not quite happy with the relief moulded by the learned Single Judge, hence the matter was remitted to the learned Single Judge in the matter of moulding the relief.

3. We have very serious reservations whether the Division Bench in an intra court appeal could have remitted a writ petition in the matter of moulding the relief. It is the exercise of jurisdiction of the High Court under Article 226 of the Constitution of India. The learned Single Judge as well as the Division Bench exercised the same jurisdiction. Only to avoid inco