- (1.) Before deciding this petition which was filed under Art. 227 of the Constitution of India, following judgment of the Hon'ble Supreme Court deserves a mention:- Shalini Shyam Shetty and Anr. vs. Rajendra Shankar Patil, 2010 8 SCC 329. In this case it was held by Hon'ble the Supreme Court that a petition under Art. 227 of the Constitution of India cannot he called a writ petition and the High Courts cannot at the drop of a hat, in exercise of its power of superintendence under Art. 227 of the Constitution, interfere with the orders of Tribunals or Courts inferior to it, not can it, in exercise of this power, act as a Court of appeal over the orders of the Court or Tribunal subordinate to it. It was further held that the parameters of interference by High Courts in exercise of the power of superintendence were mentioned in Waryam Singh vs. Amarnath, 1954 AIR(SC) 215 wherein it was held that the High Court in exercise of its jurisdiction of superintendence can interfere in order only to keep the Tribunals and Courts subordinate to it "within the bounds of their authority."
(2.) It was further held in Shalini Shyam Shetty's case that in exercise of its power of superintendence, the High Court cannot interfere to correct mere errors of law or fact or just because another view than the one taken by the Tribunals or Courts subordinate to it is a possible view and the jurisdiction has to be very sparingly exercised.
(3.) It was further held in Shalini Shyam Shetty's case that the object of superintendence, both administrative and judicial, is to maintain efficiency, smooth and orderly functioning of the entire machinery of justice in such a way as it does not bring it into any disrepute. The power of interference under this Article is to be kept to be minimum to ensure that the wheel of justice does not come in a halt and the fountain of justice remains pure and unpolluted in order to maintain public confidence in the functioning of the Tribunals and Courts subordinate to the High Court. The power under Art. 227 of the Constitution of India may be unfettered but its exercise is subject to high degree of judicial discipline pointed out above because an improper and a frequent exercise of this power will be counter productive and will divest this extraordinary power of its strength and vitality.;