Alternative remedy in writ jurisdiction cannot by itself bar merits review; matter remanded for fresh hearing.

The SC held that a writ petition should not be rejected solely because an appellate remedy before the Tribunal was available, where the matter required consideration on its own merits. The High Court had declined to entertain the writ petition on that ground, but the SC found it appropriate to remit the matter for fresh examination in accordance with law. The writ petition was restored and the High Court was directed to hear it on merits.

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Issues: Whether the writ petition ought to have been rejected solely on the ground of availability of an alternative efficacious remedy, and whether the matter required remand to the High Court for decision on merits.

Analysis: The impugned order of the High Court had declined to entertain the writ petition on the ground that an appellate remedy before the Tribunal was available. The Court found it appropriate to send the matter back so that the writ petition could be examined afresh on its own merits in accordance with law.

Conclusion: The matter was remanded to the High Court, the writ petition was restored, and the High Court was directed to hear it on merits.

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