BIR SINGH Vs. DELHI JAL BOARD & ORS

JUDGEMENT

(1.) Leave granted in Special Leave Petition (Civil) No.36324 of 2017

(2.) In State of Uttaranchal vs. Sandeep Kumar Singh and others, 2010 12 SCC 794 [Civil Appeal No.4494 of 2006) the following question arose for consideration of this Court:

(3.) In the course of the deliberations that took place this Court noticed the Constitution Bench judgments of this Court in Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College and others, 1990 3 SCC 130 and Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and another vs. Union of India and another, 1994 5 SCC 244. The view of a three Judge Bench of this Court in S. Pushpa and others vs. Sivachanmugavelu and others, 2005 3 SCC 1 was also noticed and the same was perceived to be somewhat contrary to the view expressed by the Constitution Bench in the above two cases. This Court also took note of the fact that a two judge Bench of this Court in Subhash Chandra and another vs. Delhi Subordinate Services Selection Board and others, 2009 15 SCC 458 held that the dicta in S. Pushpa is an obiter and does not lay down any binding ratio. The Bench hearing the case i.e. State of Uttaranchal vs. Sandeep Kumar Singh and others took the view that "it was not open to a two judge Bench to say that the decision of a three judge Bench rendered following the Constitution Bench judgments to be per incuriam". In this regard, the canons of judicial discipline carved out by this Court in Central Board of Dawoodi Bohra Community and another vs. State of Maharashtra and another, 2005 2 SCC 673 were recalled and eventually in paragraph 13 of the opinion rendered in State of Uttaranchal vs. Sandeep Kumar Singh and others the reference of the question noted below was made to a larger Bench: