Tuesday, August 7, 2012

SUPREME COURT OF INDIA IN CAG vs K.S.JAGANNATHAN SAID THAT THE WRIT JURISDICTION OF HIGH COURT IS VERY WIDE , EVEN IF ALTERNATIVE REMEDY IS AVAILABLE TO PETITIONERS ,BUT THAT IS LESS CONVINIENT, LESS EFFECTIVE AND LESS BENEFICIAL,THEN INSPITE OF THAT ALTERNATIVE REMEDY AVAILABLE PETITIONER CAN APPROCH WRIT JURISDICTION OF HIGH COURT.


We can use this decision/case law if High Court ask us to follow normal RTI procedure/ ask us to approch Central Information Commission for our demand of answersheet and raw marks, then we can quote this decision wherein Hon'ble Supreme Court says on page no 5, that the writ jurisdiction of High Court is wide enough, even if  the alternative remedy is available , if that is less convinient, less effective, less beneficial ,then petitioner can approch High Court by evoking its writ jurisdiction.(previously, we have taken help of Delhi High Court decision wherein it is said that if the law is finally settled by Hon'ble Supreme Cout, then there is no need to follow normal RTI procedure as it will endlessly delay the matter. But, as it is High Court  decision, it is not binding on other high court, in such case we can take help of abovementioned decision of Hon'ble Supreme Court.
 

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