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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

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.

Advocates List

For the Petitioner Shobha, Mohinder Thakur, Romy Chacko, Advocates. For the Respondents Gopal Subramanium, SG., Ms. Sunita Sharma, S.W.A. Qadri, Shailendra Saini, D.S. Mahra, Aman Ahluwalia, Vikramjit Banerjee, Rishi Maheshwari, Ms. Shally Bhasin Maheshwari, Advocates.

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE CHIEF JUSTICE MR. S.H. KAPADIA

HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN

HON'BLE MR. JUSTICE SWATANTER KUMAR

Eq Citation

2010 (9) SCALE 437

(2012) 6 SCC 102

LQ/SC/2010/922

HeadNote

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

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