ARYA SAMAJ EDUCATION TRUST Vs. DIRECTOR OF EDUCATION, DELHI On 08 September, 2004

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Arya Samaj Education Trust v. Director Of Education, Delhi

Arya Samaj Education Trust
v.
Director Of Education, Delhi

(Supreme Court Of India)

Civil Appeal No. 687 of 1976 | 08-09-2004

1. In this appeal a 2-Judge Bench of this Court by its Order dated 11th November, 2003 has referred this appeal directly to be heard by a 5-Judge Bench without first referring the same to a 3-Judge Bench. This Court in the case of Pradip Chandra Parija and others v. Pramod Chandra Patnaik and others, (2002 (1) SCC 1 [LQ/SC/2001/2812 ;] ) has held, such a procedure cannot be followed by 2-Judge Bench. That apart, while referring the matter it is not even indicated that any issue requiring the interpretation of the Constitution as contemplated under Article 145 (3) of the Constitution arises in this appeal. In the said view of the matter we think it is necessary that this matter should be first considered by a 3-Judge Bench, hence we direct the papers be placed before the Hon. Chief Justice of India for suitable orders.

Advocates List

Harish Kumar Puri, Ujjwal Banerjee, S. K. Puri and Shiv Gupta, Advocates., for the Appellant; K. P. Pathak, ASG, Navin Prakash, A. Subba Rao, Hemant Sharma, Ms. Anil Katiyar, B. V. Balram Das, Ajay K. Agrawal, L. R. Singh and Ms. Lalita Kohli Advocates., for the Respondent

Bench List

HON'BLE JUSTICEN. SANTOSH HEGDE

HON'BLE JUSTICES. N. VARIAVA

HON'BLE JUSTICEB. P. SINGH

HON'BLE JUSTICEH. K. SEMA

HON'BLE JUSTICES. B. SINHA

Eq Citation

AIR 2005 SC 1409

AIR 2004 SCW 7284

(2004) 8 SCC 30

LQ/SC/2004/1001

HeadNote

Constitution of India — Arts. 137 and 145 — Reference to larger Bench — Proper procedure — Held, it is necessary that matter should be first considered by a 3-Judge Bench — Matter accordingly referred to 3-Judge Bench — Constitution of India — Art. 145 — Interpretation of Constitution — Reference to larger Bench