ALTAMAS KABIR, S. S. NIJJAR, RANJAN GOGOI, M. Y. EQBAL, VIKRAMAJIT SEN
FACULTY ASSOCIATION OF AIIMS – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT
ALTAMAS KABIR, CJI.
1. When Special Leave Petition (Civil) No. 2106 of 2002, filed by the Faculty Association of AIIMS, was taken up for consideration, notice thereupon was issued by a Bench of Two-Judges and it was stipulated that any appointment to be made, after the order was passed in accordance with the reservation policy, would only be tentative in nature until further orders. When the Appeal was taken up for hearing on 20th February, 2003, along with Civil Appeal No. 5119 of 2002, considering the important nature of the issues involved for determination in the said cases, as also the recurring nature of the problem, it was thought appropriate that the matters be heard by a larger Bench. Thereafter, on 12th February, 2004, a Bench of Three-Judges headed by the Chief Justice was of the view that the matters involved substantial questions of law as to the interpretation of the Constitution and were required to be heard by a Bench of Five-Judges. It is pursuant to such direction that the matter appeared before the Bench of Five-Judges on several occasions and ultimately they were listed before a Bench of Five-Judges on 2nd July, 2013.
2. Although the matter is now before a
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