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Supreme Court Of India
ARYA SAMAJ EDUCATION TRUST
Versus
DIRECTOR OF EDUCATION, DELHI
Decided on September 8, 2004
Constitution of India, Article 141 and 145(3) - Reference of appeal to larger Bench - A 2-Judge Bench of Supreme Court referred this appeal directly to be heard by a procedure could not be followed by 2-Judge Bench- More over, it is not even indicated that any issue requiring the interpretation of the Constitution as contemplated under Article 145(3) of the Constitution arose in the appeal- It was necessary that the matter should be first considered by a 3-Judge Bench- Matter directed to be placed before the Hon. Chief Justice of India for suitable orders. [Para 1]
( 1 ) IN this appeal, a two-Judge Bench of this Court by its order dated 11-11-2003 has referred this appeal directly to be heard by a five-Judge bench without first referring the same to a three-Judge Bench.
( 2 ) THIS Court in the case of Pradip Chandra Parija v. Pramod Chandra Patnaik has held, such a procedure cannot be followed by a two-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.
( 3 ) IN the said view of the matter, we think it is necessary that this matter should be first considered by a three-Judge Bench, hence we direct the papers be placed before the Honble Chief Justice of india for suitable orders.
( 4 ) COURT Masters.
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