TaxTMI 
TaxTMI 
2009 (8) TMI 1176
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....National Capital Territory of Delhi in terms of clause (1) of Article 341 of the Constitution of India is involved herein. 3. It arises out of a judgment and order dated 13.05.2005 passed by a Division Bench of the High Court of Delhi dismissing an appeal preferred from an order passed by a learned Single Judge of the said Court. The writ petition was filed by the appellant society which is registered under the Societies Registration Act, with its objects amongst others 'upliftment of Backwards, Scheduled Castes and others of Delhi in education, social and cultural fields and to apply for and get all kinds of facilitation and relaxation and for safeguarding their interest in Government jobs'. 4. The background facts involving filing of this appeal are as follows : The members of Scheduled Casts and Scheduled Tribes have an important place in our constitutional scheme. Article 341 of the Constitution empowers the President to specify the castes, races or tribes or part of or groups within castes, races or tribes with respect to any State or Union Territory for the purposes of the Constitution deemed to be Scheduled Castes in relation to that State or Union Territor....
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....other, he can claim to belong to a Scheduled Caste or Scheduled Tribe only in relation to the State to which he originally belonged and not in respect of the State to which he has migrated." 7. Yet again, by way of a clarification issued by the National Capital Territory of Delhi dated 22.3.1977, it was, inter alia, stated : "2. As required under Article 341 and 342 of the Constitution, the President has, with respect to every State and Union Territory and where it is State after consultation with the Governor of the concerned State, issued orders notifying various Castes and Tribes as Scheduled Castes and Scheduled Tribes in relation that State or Union Territory from time tome. The inter State area restrictions have been deliberately imposed so that the people belonging to the specific community residing in a specific area, which has been assessed to qualify for Scheduled Castes or Scheduled Tribes status, only benefit from the facility provided for them. Since the people belonging to the same caste but living in different State/Union Territories may not necessarily suffer from the such disabilities, it is possible that two persons belonging to the same caste b....
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.... the person has migrated. The facility does not alter the OBC status of the person in relation to the one at the other State/U.T. The OBC person on migration from the State/U.T. of his origin in another State/U.T. where his caste is not in the OBC list is entitled to the concession/benefits admissible to the OBCS from the state of his origin and Union Government but not from the State where he has migrated." 9. Keeping in view the aforementioned directions issued by the Union Territory, an advertisement was issued by the State Subordinate Selection Board. General instructions issued therein, inter alia, read as under : "(2) SC and OBC candidates must furnish certificates issued by the competent authority of Government of NCT of Delhi issued on or before the closing date of receipt of application forms. (Illegible)" 10. Questioning the legality and/or validity of the said circular, Shri Kunwar Pal and 22 others, claiming themselves to be entitled to the benefits of the aforementioned Presidential Notification declaring their caste to be Scheduled Castes but keeping in view the nature of verification specified by reason of the aforementioned circulars, filed writ petit....
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....ircular but it cannot be denied to his progenies who are born and brought up in the migrated State." 13. Taking note of the fact that Delhi is an amalgam of people from various parts of the country and, thus, the benefit of the aforementioned Presidential notification, may not be extended to those who had migrated from other States, inter alia, raised a question as to what should be the cut off date to determine as to who is a Delhite. Opining that the circular letters had been issued with the object of protecting the rights of the persons who may be away from his State would fall in the category of that State and that only with a view to prevent injustice to such persons that the said circular had been issued. Referring to the decisions in Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College & Ors. [(1990) 3 SCC 130] and Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra & anr. [(1994) 5 SCC 244], it was held : "In my considered view the aforesaid judgment would not come to the aid to the respondents since the present case is not one of a similar nature. The benefit of reservation is sought by ....
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....ution of India, such a benefit cannot be conferred on a person who had migrated from one State to another State/Union Territory. (3) In interpreting such a notification, the High Court should have used the principle of contextual interpretation and not a beneficent legislation. 16. Mr. Mariarputham, learned Senior Counsel appearing on behalf of the Union of India, Mr. Rakesh Kumar Khanna, learned Senior Counsel appearing on behalf of the New Delhi Municipal Corporation and Dr. Krishan Singh Chauhan, learned counsel appearing on behalf of the private respondents, on the other hand, urged : (i) The Central Government being within the administrative control of Union Territory in terms of Article 239 of the Constitution of India is entitled to lay down policies involving Union Territory Services wherefor executive instructions can be issued. (ii) Direction of this nature being in regard to the classes of people who would be eligible to enter into Union Territory Service which is akin to Central Civil Services being for the purpose of achieving the constitutional goal provided for under clause (4) of Article 16 of the Constitution of India is permiss....
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....articular Caste or Tribe to be a Scheduled Caste and Scheduled Tribe being in relation to that State or Union Territory, whether a person on his migration to another State would carry the same status with him? (2) Whether in view of the decisions of this Court in Action Committee (supra) even where the similar Caste bearing the same name having been declared to be the Scheduled Caste both in the State to which he originally belonged and the State and/or Union Territory to which he has migrated would make any difference in view of the provisions contained in Article 341 of the Constitution of India? (3) Whether in view of the decisions of the Constitution Bench of this Court in State of Maharashtra vs. Milind & ors. [(2001) 1 SCC 4] and E.V. Chinnaiah vs. State of A.P. & ors. [(2005) 1 SCC 394] extension of notification even to a migrant would amount to modification and/or alteration of the notification which is impermissible in law in view of clause (2) of Article 341 and clause (2) of Article 342 of the Constitution of India? (4) Whether having regard to the provisions contained in Articles 239 and 239AA of the Constitution in relation to Union Territory....
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....use (4) of Article 16. It is, however, beyond any doubt or dispute that the term 'backward class of citizens' contained in clause (4) of Article 16 includes Scheduled Castes and Scheduled Tribes for all intent and purport. Therefore, the protection sought to be accorded to a section of the citizenry must not only be to backward class but may also be to Scheduled Castes and Scheduled Tribes for whom a special provision can be made. Article 341 of the Constitution of India, which finds place in Part XVI thereof provides for special provisions relating to certain classes of citizens. It reads as under: "341. Scheduled Castes.- (1) The President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any ca....
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....isions of this Order, the castes, races or tribes or parts of, or groups within, castes or tribes specified in Parts I to XXIV of the Schedule to this order shall, in relation to the States to which those parts respectively relate, be deemed to be Scheduled Castes so far as regards member thereof resident in the localities specified in relation to them in those Parts of the Schedule." Clause (2) of the second mentioned Order reads as under: "2. The Tribes or tribal communities, or part of, or groups within, tribes or tribal communities, specified in Parts I to XXII of the Schedule to this Orders shall, in relation to the State to which those parts respectively relate, be deemed to be Scheduled Tribes so far as regards members thereof residents in the localities specified in relation to them respectively in those Parts of that Scheduled." 25. Indisputably, having regard to clause (2) of Article 341 as also of Article 342 of the Constitution tinkering with the said list is impermissible, save and except by a law made by the Parliament. Concededly, in respect of education or service, there exists a distinction between State Service and State run institutions includin....
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....e call for interpretation. When a Caste or a Tribe is designated as a Scheduled Caste or Scheduled Tribe, the members belonging thereto derive a bunch of benefits. Such benefits may not only be confined to admission in educational institutions, appointment in State or Central Civil Services, but also for contesting elections to the seats reserved for them in the Panchayats and Municipalities in lieu of the provisions of 73rd and 74th Amendments to the Constitution. Benefits to the members of the Scheduled Castes and Scheduled Tribes and other backward classes may also be conferred by means of schemes formulated by the Central Government or the State Government. Article 341 of the Constitution of India does not make any distinction between a State and Union Territory except for the purpose of consultation with the Governor or the Administrator, as the case may be. Such consultation is necessary in view of the fact that it is for the State machinery to identify such Caste or Tribe who had suffered the centuries old ignominy and/ or suffered other disadvantages. It is possible for a State to point out that although a group of people may be belonging to a caste or Tribe which is ....
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....iced the fact that the father of the petitioner therein was an employee in Fertilizer Corporation of India, a public sector undertaking, in the Scheduled Tribes quota and thereafter in the Rashtriya Chemicals and Fertilizers Limited, a Government of India undertaking under the quota reserved for Scheduled Tribes whereafter he was stationed at Bombay. The petitioner therein came to Bombay at the age of nine years. He completed his studies in Bombay; he submitted an application for his admission in the medical institutions run by Bombay Municipal Corporation which was denied in view of Circular dated 22.2.1985 issued by the Government of India. The Circular dated 22.2.1985 issued by the Government of India, inter alia, read as under : "It is also clarified that a Scheduled Caste/Tribe person who has migrated from the State of origin to some other State for the purpose of seeking education, employment etc. will be deemed to be a Scheduled Caste/Tribe of the State of his origin and will be entitled to derive benefits from the State of origin and not from the State to which he has migrated." The question which was posed was the effect of specification by the President of the....
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....British Rule also the social order in India was of graded inequality. During the freedom struggle some of our leaders strived to bring about social integration to give a fillip to the independence movement. The need to bring about equality was strongly felt. After independence when the Constitution was being framed for free India, considerable emphasis was laid on the need to secure equality. The debates of the constituent Assembly bear testimony to this felt need." 29. This Court also noticing Articles 14, 15(1), 15(4), 16(1), 16(4), 19, Part XVI of the Constitution of India and the decisions governing the field as also Articles 341 and 342 thereof opined that Marri Chandra Shekhar Rao lays down the correct law, holding : "15. We may add that considerations for specifying a particular caste or tribe or class for inclusion in the list of Scheduled Castes/Scheduled Tribes or backward classes in a given State would depend on the nature and extent of disadvantages and social hardships suffered by that caste, tribe or class in that State which may be totally non-est in another State to which persons belonging thereto may migrate. Coincidentally it may be that a caste or tri....
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....irely different. Thus, merely because a given caste is specified in one State as belonging to OBCs does not necessarily mean that if there be another group belonging to the same nomenclature in other State and a person belonging to that group is entitled to the rights, privileges and benefits admissible to the members of that caste. These aspects have to be borne in mind in interpreting the provisions of the Constitution with reference to application of reservation to OBCs." Upon noticing the Circular letter dated 15.11.1993 specifying two model forms of the certificate to be furnished by the OBC candidates seeking benefit of reservations and the form appended thereto, it was held: "A careful reading of this notification would indicate that the OBCs would be recognised as such in the Government of National Capital Territory of Delhi as notified in the Notification dated 20.01.1995 and further for the purpose of verification of claims for belonging to castes/communities in Delhi as per the list notified by the National Capital Territory of Delhi the certificates will have to be issued only by the specified authorities and certificates issues by any other authority could ....
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....ng the parameters and in the case in hand, the Committee conducting the inquiry as well as the Appellate Authority, having examined all relevant materials and having recorded a finding that respondent No. 1 belong to 'Koshti' caste and has no identity with the 'Halba/Halbi', which is the Scheduled Tribe under Entry 19 of the Presidential Order, relating to State of Maharashtra, the High Court exceeded its supervisory jurisdiction by making a roving and in-depth examination of the materials afresh and in coming to the conclusion that 'Koshtis' could be treated as 'Halbas'. In this view the High Court could not upset the finding of fact in exercise of its writ jurisdiction. Hence, we have to essentially answer the question no. 2 also in the negative. Hence it is answered accordingly." Milind (supra), therefore, is an authority for the proposition that neither practice prevailing in a State nor the decisions of the High Court which are otherwise binding on the State would create a right in a person to obtain the benefit of reservation in the teeth of provisions of Articles 341 and 342 of the Constitution. It was furthermore stated: ....
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....ticle 341(1) is exhaustive." As regards the question as to whether such a sub-classification is permissible having regard to clause (4) of Article 16 of the Constitution of India, it was held: "43. The very fact that the members of the Scheduled Castes are most backward amongst the backward classes and the impugned legislation having already proceeded on the basis that they are not adequately represented both in terms of Clause (4) of Article 15 and Clause (4) of Article 16 of the Constitution of India, a further classification by way of micro classification is not permissible. Such classification of the members of different classes of people based on their respective castes would also be violative of the doctrine of reasonableness. Article 341 provides that exclusion even of a part or a group of castes from the Presidential List can be done only by the Parliament. The logical corollary thereof would be that the State Legislatures are forbidden from doing that. A uniform yardstick must be adopted for giving benefits to the members of the Scheduled Castes for the purpose of Constitution. The impugned legislation being contrary to the above constitutiona....
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....plied the "creamy layer" principle to the general principle of equality for the purpose of reservation. The "creamy layer" so far has been applied only to identify the backward class, as it required certain parameters to determine the backward classes. "Creamy layer" principle is one of the parameters to identify backward classes. Therefore, principally, the "creamy layer" principle cannot be applied to STs and SCs, as SCs and STs are separate classes by themselves. Ray, C.J., in an earlier decision, stated that "Scheduled Castes and Scheduled Tribes are not a caste within the ordinary meaning of caste". And they are so identified by virtue of the notification issued by the President of India under Articles 341 and 342 of the Constitution. The President may, after consultation with the Governor, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which for the purpose of the Constitution shall be deemed to be Scheduled Castes or Scheduled Tribes. Once the notification is issued, they are deemed to be the members of Scheduled Castes or Scheduled Tribes, whichever is applicable. In E.V. Chinnaiah concurring with th....
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....In Chandigarh Administration (supra), one of the issues related to the effect of the State Reorganisation Act. This Court noticed Marri Chandra Shekhar Rao (supra) as also Action Committee (supra) but proceeded on the premise that Government of India was entitled to issue instructions qua service in the Union Territories and the same were binding on the Union Territory, holding : "The judgments relied upon by the learned counsel for the appellant only decide the constitutional aspect of the Government policy on the subject at a given time while leaving the policy decision as to what benefits are to be conferred on persons belonging to reserved categories with the Government of India. In the present case the Government of India has conveyed its decision on the point vide its circular letter dated 26.8.1986 which has not been modified. Therefore, the instructions contained in the said letter which were admittedly being followed till 7.9.1999, in our view, continue to be in force. There is no reasonable basis to discontinue the said decision with effect from 7.9.1999. No reason or basis has been disclosed for discontinuing the same with effect from the said date." Indisput....
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....een followed by the Administration in terms whereof migrant SC/ST candidates were held to be eligible for appointment in the reserved posts in the Pondicherry Administration. It was held that the Marri Chandra Shekhar Rao (supra) would have no application as Union Territory of Pondicherry is not a State, stating : "Since all SC/ST candidates which have been recognized as such under the orders issued by the President from time to time irrespective of the State/Union territory, in relation to which particular castes or tribes have been recognized as SCs/STs are eligible for reserved posts/services under the Central Government, they are also eligible for reserved posts/services under the Pondicherry administration. Consequently, all SC/ST candidates from outside the U.T. of Pondicherry would also be eligible for posts reserved for SC/ST candidates in Pondicherry administration. Therefore, right from the inception, this policy is being consistently followed by the Pondicherry administration whereunder migrant SC/ST candidates are held to be eligible for reserved posts in Pondicherry administration. 37. It was furthermore held that in a case of that nature even clause (4) of....
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.... therefore, proceed on the basis that Marri Chandra Shekhar Rao (supra) would have no application in relation to Union Territory. The contention of the respondents in this case is squarely based on these two decisions. Can it be said that Marri Chandra Shekhar Rao does not apply to Union Territory? The answer thereto, in our opinion, is a big emphatic 'no'. Both Articles 341 and 342 not only refer to the State but also to the Union Territory . Although Union Territories are administered by the Central Government, yet it is difficult to conceive that socio political aspect can be mixed up with the administrative aspect. Article 341 leads to grant of constitutional rights upon a person whose affinity to a caste/Tribe would attract the Constitution (Scheduled Caste) Order or Constitution (Scheduled Tribe) Order. Once a person comes within the purview of Presidential promulgation, he would be entitled to constitutional and other statutory or administrative benefits attached thereto. In our opinion, such socio political rights created in our Constitution cannot be segregated keeping in view the administrative exigencies. 38. If the principle applied in S. Pushpa (supra) is t....
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....onferred by Clause (1) of Article 341 of the Constitution of India, as amended by the Constitution (First Amendment) Act, 1951, the President is pleased to make the following order namely : This order may be called the Constitution (Scheduled Cates) (Union Territories) Order, 1951. Subject to the provision of this order, the castes, races or tribes or parts of, or groups within, castes or tribes, specified in parts I to III of the Schedule to this Order shall, in relation to the Union Territories to which those parts respectively relate, be deemed to be Scheduled Castes so far as regard members thereof resident in the localities specified in relation to them respectively in those parts of that schedule. Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu (or Sikh or the Buddhist) Religion shall be deemed to be a member of a Scheduled Castes. Any reference in this order to a Union Territories in part 1 of the Schedule shall be construed as a reference to the territory constituted as a Union Territory as from the first day of November, 1956, any reference to a Union Territory in part....
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....sputably, the classes contemplated by Article 16(4) may be wider than those contemplated by Article 15(4). If they are backward classes for the purpose of Article 16(1) and 16(4) and not Scheduled Castes and Scheduled Tribes, they will come within the purview of the reservation for backward classes and not the one which is exclusively meant for Scheduled Castes and Scheduled Tribes within the purview of reservation policy of the States. Moreover enabling provision contained in clause (4) of Article 16 of the Constitution of India can of course be enforced by reason of an executive direction but the same must be made in terms of Article 77 or Article 162 of the Constitution of India. Furthermore, a circular letter does not have the force of law [See Punjab Water Supply and Sewerage Board, Hoshiarpur v. Ranjodh Singh and Ors.(2007) 2 SCC 491, Para 10]. Article 246 of the Constitution will, thus, have no application where law making power is not resorted to. Executive instructions contained in Article 77 and Article 162 refer to the law making power alone. No material has been placed before the High Court or before us to show that the Scheduled Castes or Scheduled Trib....
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....led tribes had been earmarked, persons answering the description thereto only can be appointed. No recruitment is permissible for a backward class against a scheduled caste or scheduled tribe quota. That itself would be violative of clauses (1) and (4) of Article 16 of the Constitution of India. Furthermore, if a person is to be treated as scheduled caste or scheduled tribe in terms of Article 341 of the Constitution of India, the benefit attached thereto in all other areas must be conferred on him. A person cannot be treated to be a member of scheduled caste for one purpose and not for another purpose. 43. The law relating to affirmative action and protective discrimination by way of reservation of posts for the members of the Scheduled Castes invoking Clause (4) of Article 16 of the Constitution of India is reflected by constitutionalism, i.e., the provisions of the Constitution of India read with the executive instructions issued by the National Capital Territory of Delhi in this behalf which has the force of law in terms whereof only the classes of persons who would be entitled thereto were determined. By judicial process or otherwise, the said executive instructions which a....
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.... read as a whole therefor refused to apply the strict scrutiny test in the case of reservation evidently having regard to the Clauses (1) and (4) of Articles 15 and 16 of the Constitution of India. It is noteworthy to point out that the facts of this case did not bear out an ex facie unreasonableness and therefore the court did not employ the strict scrutiny test. The Constitution Bench in Ashok Kumar Thakur (supra), itself, held: "252. It has been rightly contended by Mr Vahanvati and Mr Gopal Subramanium that there is a conceptual difference between the cases decided by the American Supreme Court and the cases at hand. In Saurabh Chaudri v. Union of India626 it was held that the logic of strict classification and strict scrutiny does not have much relevance in the cases of the nature at hand..." [Emphasis supplied] Saurabh Chaudri (supra) itself, therefore, points out some category of cases where strict scrutiny test would be applicable. Ashok Kumar Thakur (supra) solely relies upon Saurabh Chaudri to clarify the applicability of strict scrutiny and does not make an independent sweeping observation in that regard. We are of the opinion that in respect of ....
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....authority is created under a statute to bring about a settlement through alternate dispute resolution mechanism but it is another thing to say that an adjudicatory power is conferred on it. Chapter VIA, therefore, in our opinion, deserves a closer scrutiny. In a case of this nature, the level of scrutiny must also be high. (See Anuj Garg v. Hotel Assn. of India.)" As we have already stated, in the event the state issues any instruction through circular in the National Capital Territory of Delhi to this effect, the same will deserve strict scrutiny. After following the precedent with respect to strict scrutiny it is pertinent to explore some foundational principles in this regard. At the heart of the applicability of this doctrine in protective discrimination cases, including affirmative action matters, is the challenge before the court to facilitate the translation of the constitutional vision of substantive equality into a practical feature of the polity. The enabling environment must have objectively laid down policy attributes so much so that the targeted benefits are accrued to parts of polity for which they are meant. As the final arbiter on constitutional interpretation....
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....able data and the intended objective, and time bound prescriptions, (preferably with a sunset clause) are two measures which shall keep the State in good stead while discharging the burden under the protective discrimination mandate. The law must showcase overinclusion or underinclusion or whatever other requirement there may be through statistics before moving ahead with the execution of law. In M . N agaraj & Others v. Union of India & Others, (2006)8SCC212 this court employed the doctrine of guided power to suggest that the power of the state to enact such a law or give effect to protective discrimination under Article 16 (4-A) is to be exercised under the guidance of the Court. The doctrine of guided power in that sense has been used as a corollary of strict scrutiny rule. It is a distant relative of continuing mandamus. Courts must guard against that protective discrimination clauses are not used as pretexts for an invidious purpose. The political compulsions and extraneous vote considerations in the functioning of the legislature are mentioned by a prominent political science scholar, John Hart Ely in his landmark book, Democracy and Distrust. He says that "special scrutin....
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....n a person is held to be a member of scheduled caste for one State, he cannot be treated as such in another. In Milind (supra), it was categorically held that the High Court, in exercise of its supervisory jurisdiction, under Article 227 of the Constitution of India, cannot make any roving inquiry for the purpose of finding out as to whether a person belonging to one caste would, for one reason or the other, can be held to be belonging to another caste or tribe which had been notified as scheduled caste or scheduled tribe. It is also well known that a decision rendered in ignorance of a binding precedent and/or in ignorance of a constitutional provision, would be held to have been rendered per incuriam. 48. In Harminder Kaur & Ors. v. Union of India & Ors. [2009 (7) SCALE 204], this Court held: "16. A judgment of a Constitution Bench of this Court laying down the law within the meaning of Article 141 of the Constitution of India must be read in its entirely for the purpose of finding out the ratio laid down therein. The Constitution Bench, in no uncertain terms, based its decision on the touchstone of the `equality clause' contained in Articles 14 and 16 of the Cons....
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.... stated: "A decision may be held to be per incuriam where relevant statutory provisions, or binding case law authority, have been overlooked or misinterpreted in arriving at the holding in the precedent.... Considerations Relevant To Deciding whether to Defer to or Overrule Precedent: The first consideration for a final appellate court called upon, in the exercise of its discretion, to overrule an allegedly wrong precedent of its own, will be whether the precedent can be distinguished on the facts, including changing social and other contexts, or distinguished on the law. If the precedent can be distinguished, overruling will not be necessary. The subsequent appellate court will rather be free to choose not to follow the precedent which can be distinguished. Second, the precedent should be considered closely to determine whether the decision was reached per incuriam. A per incuriam precedent may be overruled. Third, the workability of the precedent should be assessed. Evidence of lack of workability may justify overruling. The fourth consideration will be whether any reasons have been advanced in the appeal which were not considered in d....
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.... that it was a well settled in 1940s that the relationship between a member of the armed services and the crown was non-contractual. 53. However it is stressed that if the nature of employment of Blake was in civil capacity then the application of above observation needs to be considered. But more importantly, what needs to be addressed is that "to treat incidental undertakings by members of the armed services as actionable contracts would lead to absurdity". It is also pointed out that "the relationship between the Crown and members of the armed services is and long has been regulated by disciplinary proceedings, by failure to promote, or by retirement, not by the private law of contract or tort. If this position is to be changed by a judicial decision then the court surely needs to attend to the radical nature of such a change." Also it is noted that the "signing the Official Secrets Acts" created a binding contract relating just to one aspect of Blake's duties, is something which is problematic. Thus author states that "the supposed contract case was decided without any careful investigation of the very existence of a binding contract, or of its scope and character, assuming ....
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.... of larger quorum. In case of doubt all that the Bench of lesser quorum can do is to invite the attention of the Chief Justice and request for the matter being placed for hearing before a Bench of larger quorum than the Bench whose decision has come up for consideration. It will be open only for a Bench of coequal strength to express an opinion doubting the correctness of the view taken by the earlier Bench of coequal strength, whereupon the matter may be placed for hearing before a Bench consisting of a quorum larger than the one which pronounced the decision laying down the law the correctness of which is doubted. (3) The above rules are subject to two exceptions : (i) The abovesaid rules do not bind the discretion of the Chief Justice in whom vests the power of framing the roster and who can direct any particular matter to be placed for hearing before any particular Bench of any strength; and (ii) In spite of the rules laid down hereinabove, if the matter has already come up for hearing before a Bench of larger quorum and that Bench itself feels that the view of the law taken by a Bench of lesser quorum, which view is in doubt, needs correction or reco....