Paragraph numbers below are the court’s original numbering, recovered from the source text.
1. The scope of the powers of the High Courts under Article 226 E of the Constitution is wider than the scope of the powers of this Court under Article 32 of the Constitution.
2. The relief prayed for in the petition is one which may b" granted by the High Court and any of the parties who is dissatisfied with the judgment of the High Court can approach this Court by w~y of an appeal. The fact that some case involving the very same point of law is pending in this Court is no ground to entertain a petition directly by-passing the High Court.
3. If the parties get relief at the High Court, they need not come here and to that extent the burden on this Court is reduced.
4. The hearing of the case at the level of the High Court is more convenient from several angles and will be cheaper to the parties. It saves lot of time too. It will be easier for the clients to give instructions to their lawyers.
5. Our High Courts are High Courts. Each High Court has its P.N. KUMAR v. M.C.D. own hig\l traditions. They have judges of eminence who have initia- tive, necessary skills and enthusiasm. Their capacity should be harnes- sed to deal with every type of case arising from their respective areas, which they are competent to dispose of.
6. Every High Court Bar has also its high traditions. There are eminent lawyers practising in the High Courts with wide experience in handling different kinds of cases, both original and appellate. They are fully aware of the history of every legislation in their States. Their services should be made available to the litigants in the respective Sta.tes.
7. This Court has no time today even to dispose of cases which have to be decided by it alone and by no other authority. Large number of cases are pending from 10 to 15 years. Even if no new case is filed in this Court hereafter, with the present strength of Judges it may take more than 15 years to dispose of all the pending cases.
8. If the cases which can be filed in the High Courts are filed in the High Court and not in this Court this Court's task of acting as a original court which is a time consuming process can be avoided and this Court will also have the benefit of the decision of the High Court when it deals-with an appeal filed against such decision.
9. If cases which may be filed in the High Courts are filed in this Court it would affect the initiative of the High Courts. We should preserve the dignity, majesty and efficiency of the High Courts. The taking-over by this Court of the work which the High Courts can handle may undermine the capacity and efficiency of the High Courts and that should therefore be avoided.
10. Lastly, the time saved by this Court by not entertaining the cases which may be filed before the High Courts can be utilised to dispose of old matters in which parties are crying for relief. These are some of the reasons which have compelled us to pa" this order. S.L. Petition disposed or.