A R ABDUL GAFFAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The reasons for referring this appeal to the Full Bench for consideration are contained in the orders dated 03.7.2012 passed by the Division Bench and for clear understating, we reproduce the same hereunder:

(2.) J.S. Shamim is a short order which does not discuss the issue independently or in detail as to why NBT is not a "State". It simply follows Chander Mohan Khanna as is without discussing anything more as can be seen from the following brief order passed in the following words therein:

(3.) In Chander Mohan Khanna , the Supreme Court held that NCERT was not a "State" under Article 12 of the Constitution giving the following reason: