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SUPREME COURT OF INDIA
R.C. LAHOTI, ASHOK BHAN, ARUN KUMAR, JJ.
Saurabh Chaudri and others - Petitioners
Versus
Union of India and others - Respondents
I.A. Nos. 6-7 in Writ Petn. (Civil) No. 29 of 2003 with W.P. (C) No. 127 of 2004.
Decided on : 29-03-2004
Clarification - Constitution Bench Judgment - The court expressed reservation about a three-Judge Bench clarifying a Constitution Bench judgment.
Fact of the Case:
The court expressed reservation about a three-Judge Bench clarifying a Constitution Bench judgment and ordered the matter to be placed before the Chief Justice of India. Further allotment of seats for All India Quota was stayed.
Finding of the Court:
The court expressed reservation about a three-Judge Bench clarifying a Constitution Bench judgment and ordered the matter to be placed before the Chief Justice of India. Further allotment of seats for All India Quota was stayed.
Issues: Clarification of Constitution Bench judgment, urgency in the matter, further allotment of seats for All India Quota
Ratio Decidendi: The court expressed reservation about a three-Judge Bench clarifying a Constitution Bench judgment and ordered the matter to be placed before the Chief Justice of India. Further allotment of seats for All India Quota was stayed.
Final Decision: The matter was ordered to be placed before the Chief Justice of India and further allotment of seats for All India Quota was stayed.
ORDER :
I.A. No.6-7 and I.A. No. (Appln. for clarification and further directions) in W.P.(C) No. 29/2003.
1. The judgment in which clarification is sought was delivered by the Constitution Bench. We have some reservation if a three-Judge Bench can clarify a Constitution Bench judgment.
2. There is some urgency in the matter inasmuch as the counselling for 25% All India Quota seats is going to be over today. Let the matter be placed before the Hon'ble the Chief Justice of India. Till the matter comes up for hearing further allotment of seats shall not be made.
W.P. (C) No. 127/2004
3. Let orders on I.A. Nos. 6 and 7 in W.P. (C) No. 29/2003 be awaited.
Order accordingly.
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