In Brief
The Supreme Court examined whether a High Court can entertain a review petition after dismissing a special leave petition (SLP). The Court held that when an SLP is dismissed in limine without reasons, the High Court retains jurisdiction to entertain review petitions on grounds specified under the CPC. The doctrine of merger—which would bar such review—applies only after leave to appeal is granted and appellate jurisdiction is invoked, not at the SLP stage. Following Kunhayammed v. State of Kerala, the Court clarified that the SLP stage involves discretionary jurisdiction, while appellate jurisdiction follows only after granting leave. Two appeals were partly allowed: one remanded for merit review; the other directed to a regular Board for final determination on merits of the order being challenged.
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