Supreme Court

5 judge Bench of SC recalls its 2013 controversial judgment which quashed National Eligibility Entrance Test as unconstitutional

The Supreme Court recalls its judgment delivered on 28-07-2013 delivered by a three judge Bench which had quashed the National Eligibility Entrance Test as unconstitutional. The judgment was alleged as leaked even before it was pronounced and had created a lot of controversies.

A 5-judge Bench headed by Justice Anil Dave allowed the review petitions and recalled the 2013 while directing that the matter be heard afresh. It is notable that in the 2013 judgment, it was Justice Dave who had given a dissenting opinion against the majority opinion by the then Chief Justice of India , Altamas Kabir. 

The Apex Court did not state detailed reasons but mentioned that the majority view had not been taken into consideration some binding precedents and there was no discussion among the members of the Bench before pronouncement of the judgment.

Case Details:
Review Petition (C)NOS.2159-2268 OF 2013  and Review Petition (C) NOS.2048-2157 OF 2013
Medical Council of India (Petitioner) vs. Christian Medical College Vellore & Ors (Respondents)
Date of Judgment: 11/04/2016

download full judgment

 

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