SC to clear air on quota for migrants.
A bench led by Justice B. Sudershan Reddy on Thursday requested Chief Justice of India ( CJI) S. H. Kapadia to constitute a bench of appropriate strength.
Confusion had cropped up after conflicting decisions by two benches.
Though the issue had already been dealt with by two constitution benches, a three- judge bench and a two- judge bench had given conflicting interpretations to the judgments. Justice Reddy said it was not open to the two- judge bench to say the decision by the threejudge bench, following the constitution bench judgments, was not binding. The bench, therefore, decided to refer the matter to the CJI for constitution of a larger bench to clear the air.
Ignoring the decision by a three- judge bench, a bench comprising Justice S. B. Sinha, now retired, and Justice Cyriac Joseph had ruled last year that SC candidates from one state or Union territory ( UT) couldn't claim reservations in jobs and educational institutions in another state or UT. Justice Reddy said it was against judicial discipline for a two- judge bench to ignore a decision by a larger bench. The matter came to the notice of the bench led by him while hearing an appeal by the Uttaranchal government.
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