1. Since the challenge involved raises the question as to the validity of Articles 15(5) and 21-A of the Constitution of India, we are of the view that the matter needs to be referred to the Constitution Bench of five Judges.
2. Issue Rule Nisi.
3. The learned Solicitor General waives service of the Rule. All the respondents are before us.
4. The counter affidavits be filed within four weeks.
5. These Petitions be placed before the Constitution Bench for Directions on a suitable date.
Society For Un-aided P. School Of Raj v. U.o.i & Another
Society For Un-aided P. School Of Raj v. U.o.i & Another
(Supreme Court Of India)
Writ Petition (Civil) No. 95 Of 2010, 98 Of 2010, 126 Of 2010, 137 Of 2010, 228 Of 2010 & 269 Of 2010 | 06-09-2010
Advocate List
Bench
- HON'BLE CHIEF JUSTICE MR. S.H. KAPADIA
- HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN
- HON'BLE MR. JUSTICE SWATANTER KUMAR
Eq Citations
- 2010 (9) SCALE 437
- (2012) 6 SCC 102
- LQ/SC/2010/922
Head Note
Constitution of India — Arts. 155 and 21A — Challenge to validity of — Held, since the challenge involved raises the question as to the validity of Arts. 155 and 21A of the Constitution of India, the matter needs to be referred to the Constitution Bench of five Judges
