MADAN MOHAN PRASAD, BIRENDRA PRASAD SINHA, S.SARWAR ALI, S.K.JHA, LALIT MOHAN SHARMA
Padmraj Samarendra – Appellant
Versus
State Of Bihar – Respondent
SARWAR ALI, J.
1. I have advantage of reading in draft the judgement prepared by my learned colleagues. The contentions raised in these cases have been formulated in the judgement of my learned brother S.K. Jha, J. in paragraph 7 of the judgement I concur in the conclusion of my learned brethren Madan Mohan Prasad and S.K. Jha, JJ. with reference to the contentions formulated in paragraph 7(i) (ii) and (iii). It is only in relation to the arguments advanced in the context of reservation that I would prefer to express my views in my own words. Three of my learned colleagues have also held that the petitions are not maintainable. I have my doubts about the view so expressed, and proceed to deal with the question of reservation on the basis of the petitions being maintainable. In any event, when a decision is based on more than one ground, none of the grounds can be said to be obiter dicta.
2. To secure justice, social and economic, and equality of status and opportunity is the promise of the Constitution. This has been sought to be ensured by enacting constitutional provisions giving right to equality on the one hand, and on the other by giving constitutional mandate to the S
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