Fundamental Right-Res judicata-Dismissal of writ petition by High Court-If and when bar to petition in Supreme Court-Constitution of India, Arts. 32, 226 .

Where the High Court dismisses a writ petition under Art. 226 of the Constitution after hearing the matter on the merits on the ground that no fundamental right was proved or contravened or that its contravention was constitutionally justified, a subsequent petition to the Supreme Court under Art. 32 of the Constitution on the same facts and for the same reliefs filed by the same party would be barred by the general principle of res judicata.

There is no substance in the plea that the judgment of the High Court cannot be treated as res judicata because it cannot under Art. 226 entertain a petition under Art. 32 of the Constitution.

Citizens have ordinarily the right to invoke Art. 32 for appropriate relief if their fundamental rights are illegally or unconstitutionally violated and it is incorrect to say that Art. this Court a 32 merely gives does to the High Court. discretionary power as Art. 226 does to the High Court .