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1999 DIGILAW 1145 (SC)

R. D. TRIPATHI v. State Of U. P.

1999-09-20

B.N.KIRPAL, S.RAJENDRA BABU

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( 1 ) SPECIAL leave granted. ( 2 ) AN astonishing order has been passed by the High Court whereby the additional Registrar has been directed by the High Court to send the writ petitions pending before it to this Court to decide the dispute regarding seniority of the doctors which had been raised. Merely because a similar matter may be pending in this Court, does not give any High Court a right to direct the transfer of the petitions pending before it to this Court. It is, of course, open to the parties to approach this Court for transfer of cases but, at the cost of repetition, it is made clear that the High Court on its own, and even at the instance of a party, has no jurisdiction to direct transfer of the writ petitions to this Court. ( 3 ) WE, therefore, allow this appeal, set aside the impugned order and remit the matter to the High Court for decision of the writ petition on merits. The interim relief which was granted by the High Court during the time when the petition was pending before it, will stand restored. Liberty is granted to the respondents to apply to the High Court for variation of that interim order. ( 4 ) IA No. 1 also stands disposed of.