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2010 (9) TMI 1168 - SC - Indian Laws

Issues involved: Permission to file SLPs, Interim orders passed by High Court, Construction of new High Court building, Procedure adopted by Division Bench, Jurisdiction of Chief Justice.

Interim orders passed by High Court: The State of U.P. and officials challenged interim orders of High Court regarding construction of new High Court building due to discrepancies in teaching experience criteria for Assistant Professor appointment. Division Bench directed State Government to submit Status Report on funds for new building and later summoned top officials to appear in person, leading to filing of SLPs by State of U.P.

Procedure adopted by Division Bench: Supreme Court noted importance of new High Court building but raised concerns about Division Bench issuing directions in unrelated matter, treating it as PIL. Referred to Full Bench decision of High Court emphasizing Chief Justice's authority in allocation of court business to maintain judicial discipline.

Jurisdiction of Chief Justice: Full Bench decision highlighted Chief Justice's exclusive power to assign work to Judges, emphasizing adherence to procedure for maintaining judicial discipline. Judges cannot assume jurisdiction unless allotted by Chief Justice, with strict adherence to this procedure being essential for proper court functioning.

Construction of new High Court building: State of U.P. permitted to move application before Chief Justice for appropriate directions regarding construction issue. Impugned order directing officials to appear stayed, pending further orders from appropriate Bench after Chief Justice's directions. Oudh Bar Association allowed to file independent petition on construction matter before appropriate Bench with PIL jurisdiction.

Conclusion: Special Leave Petitions disposed of accordingly, with State of U.P. permitted to seek Chief Justice's directions on construction issue and impugned order stayed. Oudh Bar Association granted permission to file independent petition on construction matter.

 

 

 

 

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