MURLIDHAR JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 6.1.1989 when this case was fixed for hearing before the Division Bench, it was referred to a Larger Bench formulating the following point of reference-

(2.) While referring the matter, the Division Bench also requested Hon'ble Chief Justice to refer not only the aforesaid question but also the entire case itself for decision on merits. This is how the matter has come up for hearing before the Full Bench. When the matter was listed for hearing before the Full Bench on 13.8.1998, it was pointed out that the reply was not filed on behalf of the respondents and it was undertaken on behalf of the respondents to file the reply during the course of that day. The case was fixed for 24.8.1998. Ultimately, it came before us on 14.9.1998. Along with the reply filed by the respondents, a report of the C.B.I. was filed, according to which the Institution from which qualification in question was obtained was non- existent and the learned Counsel appearing for the respondents, therefore, raised the point that when the qualification itself was from non-existent Institution, the question of its recognition or de-recognition would not arise.

(3.) Learned Counsel for the petitioner submitted that he had received the copy of the reply only recently and the copy of the C.B.I. report has not been furnished to him. He, therefore, contended that a document, copy of which was not supplied to the petitioner, cannot be referred to or relied upon. He contended that if the court permits the use of that document by the respondent copy should be made available to the learned Counsel for the petitioner.