(1.) THE matter before the Court is in a Letters Patent Appeal. A jurisdiction structured even before the prerogative writ jurisdiction was available to the Court in the year of Republic in 1950. The foundations of the Letters Patent Appeal rested, very simply, on the three cardinal principles, justice, equity and good conscience. When the prerogative writ jurisdiction became available to the citizens of the Republic of India these principles still remained. The technicality of a writ of certiorari gave a new found jurisdiction to the High Courts as a certificate action. This is what a writ of certiorari is about. A certiorari also brings the record of the state to the High Court to aid justice, yet by justice, equity and good conscience. Other prerogative writs, mandamus, quo warranto are complimentary to a certiorari. Habeas Corpus was available even before the Constitution of India.
(2.) THE High Court is a Court of equity first. This also implies that it is not a Court which encourages inequity or factors which negate equity. The High Court is not a Court of technicality but a Court of justice. The High Court cannot mathematically deliver its justice without good conscience.
(3.) WHAT exactly is the issue in the present Letters Patent Appeal or, for that matter, as it was brought in the writ petition?