Leave granted.
Heard learned counsel for the parties.
The Trial Court, by its order dated 16th April, 2007, directed appointment
of the appellant as a Member of the Anbanathapuram Vahaira Charities Education
Committee (for short, AVC Education Committee) for a period of six years from the
date of the order in the vacancy caused due to the expiry of the term of a Member of
the AVC Education Committee on 8th January, 2007. Against the said order, two
writ applications were filed before the High Court, out of which one was dismissed
whereas another was allowed and the impugned order passed by the Trial Court has
been set aside. Against the impugned order, present appeal has been filed by special
leave.
In the impugned order it has nowhere been stated that there was any error
apparent on the face of the record. It appears that the High Court in exercise of writ
jurisdiction
has re-appreciated the entire matter and substituted its own findings which is
ordinarily not permissible under law. Nowhere it has been recorded in the impugned
order that the finding recorded by the Trial Court in its order is perverse. This
being the position, in our view, the High Court was not justified in interfering with
the impugned order passed by the Trial Court.
Accordingly, the appeal is allowed, impugned order passed by the High
Court is set aside and the same passed by the Trial Court is restored.
[G.S. SINGHVI] New Delhi, July 14, 2008.