RAMESWAR PRASAD VYAS Vs. DIRECTOR PRIMARY AND SECONDARY

JUDGEMENT

(1.) THE two special appeals against the judgment of a learned Single Judge of this Court have been land before me as Vacat on Judge for admission. They raise the question about the powers of the Vacation Judge to entertain an appeal against the judgment of a Single Judge.

(2.) SECTION 18 of the Rajasthan High Court Ordinance 1949, which makes provision for appeals against the judgment of a Single Judge of the High Court runs as follows: Section 18. Appeal to the High Court from Judges of the Court. - -(1) An appeal shall lie to the High court, from the judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made in exercise of appellate jurisdiction by a Court subject to the superintendence of the High Court and not being an order made in the exercise of revisional jurisdiction and not being a sentence or or order passed or made in the exercise of the power of superintendence under Section 43 or in the exercise of the criminal jurisdiction) of one Judge of the High Court. (3) Notwithstanding anything hereinbefore provided, an appeal shall lie to the High Court from a judgment of one Judge of the High Court made in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a Court subject to the superintendence of the High Court where the Judge who passed the judgment declares that the case is fit one for appeal. The marginal heading of the section as also the section itself speak of an appeal to the High Court from the judgment of a Judge of the High Court. In the very nature of things it is implied that the appeal under Section 18 of the High Court Ordinance against the judgment of a Single Judge is heard by a bench of two or more Judges. It is a fundamental principle that the appeal lies from an inferior authority to a superior authority & the original authotriy from whose judgment the appeal is taken is subordinate to whom the appeal is taken. Though a Vacation Judge exercises some of the powers of a Division Bench he is all the same a Single Judge and as such normally he cannot sit in judgment over another Single Judge who is an authority co -ordinate to him.

(3.) NOW , even though Section 18 does not in express terms lays down that appeal against the judgment of a learned Single Judge shall be heard by 2 two or more Judges it is implied by necessary intendment that appeal against the judgment of a Single Judge is heard by two or more Judges. Rule 61 further leads to the same inference. Special appeals according to Rule 61, are to be heard by two Judges. That being so, it follows that within the meaning of Rule 63 a. special appeal is required by any other law namely, the Rajasthan High Court Ordinance, 1949, to be heard by more than one Judge and consequently the Vacation Judge cannot hear a special appeal against the judgment of a Single Judge of this Court.