ASHOKA KUMAR THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) During the hearing of these petitions it was submitted by learned Solicitor General that in view of the mandate of Article 145(3) of the Constitution of India, 1950 (in short the 'Constitution') and Order 35 of Supreme Court Rules, 1966 (in short the 'Rules'), these cases should be heard by a Bench of at least five Hon'ble Judges. It was submitted that not only petitions raise substantial questions of law but also interpretation of the Constitution is involved.

(2.) Learned counsel for the petitioners on the other hand submitted that in the counter affidavit filed by the Union of India it has been specifically stated that, according to it, there was no question of law much less of substantial nature involved and the issues raised are covered by various decisions of this Court, more particularly, Indra Sawhney v. Union of India and Ors. 1992 (S3) SCC 217. If that be so, learned counsel for the petitioners submitted, there is no substance in the present stand of learned Solicitor General that substantial questions of law are involved. According to him, the cases can be decided on the pleadings made and the acceptability of stands.

(3.) Mr. K. Parasaran and Mr. Ram Jethmalani, learned Senior counsel for one of the respondents, submitted that they support the stand of learned Solicitor General that the matter should be heard by a Bench of at least five Hon'ble Judges. They, however, stated that the stand taken in the counter affidavit cannot be determinative. The interpretation of the provisions of the Constitution and/or the Central Educational Institutions (Reservation in Admission) Act, 2006 (in short the 'Act') fall for interpretation in these cases.