CHANDRA PRAKASH AND ORS. versus STATE OF U.P. AND ANR.

CHANDRA PRAKASH AND ORS. versus STATE OF U.P. AND ANR.

Judgment of the two-Judge Bench does not lay down correct law, being in conflict with the three-Judge Bench decision; two-Judge Benches must follow the decision of a three-Judge Bench, and the writ petitions must be decided de hors the law in the conflicting two-Judge Bench judgments.

Parties
Petitioner: Chandra Prakash and Ors.; Respondent: State of U.P. and Anr.
Jurisdiction
India
Judgment Date
04 April 2002
Procedural Posture
Writ Petition / Reference to Larger Bench and Preliminary Determination of Conflict Between Prior Judgments
Outcome
Reference answered; conflicting two-Judge Bench decisions do not lay down correct law.
Legal Topics
Doctrine of Binding Precedent, Seniority of Doctors, Regularisation of Ad Hoc Appointments
Constitutional Law Service Law Doctrine of Binding Precedent Seniority of Doctors Regularisation of Ad Hoc Appointments

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Parties

Chandra Prakash and Ors.

Petitioner

State of U.P. and Anr.

Respondent

Procedural Posture

Writ Petition / Reference to Larger Bench and Preliminary Determination of Conflict Between Prior Judgments

Legal Issues

  1. 1 Is there a conflict between the decision of a three-Judge Bench and a two-Judge Bench regarding seniority of temporary doctors and selectee doctors?
  2. 2 What is the effect of such conflict in precedent?
  3. 3 Should the present writ petitions be decided by this Bench or referred?

Ratio Decidendi

Judgment of the two-Judge Bench does not lay down correct law, being in conflict with the three-Judge Bench decision; two-Judge Benches must follow the decision of a three-Judge Bench, and the writ petitions must be decided de hors the law in the conflicting two-Judge Bench judgments.

Court Disposition

Reference answered; conflicting two-Judge Bench decisions do not lay down correct law.

Orders

  • Writ petitions to be placed before a Bench of three Judges for final disposal.