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Ashwini Thanappan v. Dir. Of Education & Another

Ashwini Thanappan v. Dir. Of Education & Another

(Supreme Court Of India)

Writ Petition (Civil) No. 253 Of 2014 | 04-07-2014

1. Issue notice.

2. It is submitted by the learned counsel for the petitioner that interpretation of Article 27 arises for consideration of this Court. It is also pointed out by the learned counsel that the judgment reported in Pramati Educational & Cultural Trust and Others Vs. Union of India & Ors. 2014(7) SCALE 306 is inconsistent with the judgment of the Constitution Bench of this Court in P.A. Inamdar and Others Vs. State of Maharashtra and Others 2005(6) SCC 537

3. Prima facie, we are of the opinion that the submission requires a further examination. If such examination is to be undertaken, the implications will have impact on all the States, in which case perhaps it is desirable to put all the States on notice and matter be heard by a Bench of appropriate strength. We, therefore, deem it appropriate to direct the Registry to place the matter before Honble the Chief Justice of India for appropriate directions in the matter.

Advocate List
  • For the Petitioner A. Subba Rao, K.L.D.S. Vinober, Advocates. For the Respondents ---------
Bench
  • HON'BLE MR. JUSTICE J. CHELAMESWAR
  • HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
Eq Citations
  • 2015 (7) RCR (CIVIL) 235
  • (2014) 8 SCC 272
  • LQ/SC/2014/687
Head Note

Constitution of India — Arts. 25 to 28 — Arts. 27 and 28 — Right to establish and manage educational institutions — Held, prima facie, submission requires further examination — If such examination is to be undertaken, implications will have impact on all States in which case perhaps it is desirable to put all States on notice and matter be heard by a Bench of appropriate strength — Registry directed to place matter before Honble the Chief Justice of India for appropriate directions — Education and Universities — Right to establish and manage educational institutions