India & Ors. [1992
supp. (3) SCC 217] know as Mandal's case, eight of the nine
judges, per majority [Ahmadi ... Therefore, the Scheme is unconstitutional. Prospective
operation of Mandal's case amounts to judicial legislation
and amounts to temporary amendment to the Constitution
India.
A Nine-Judge Bench of this Court in "Mandal case" -
Indra Sawhney vs. Union of India [1992] Supp. (3) SCC 217] -
authoritatively ... refer to the opinions given by the learned
Judges in `Mandal case' on the question of exclusion of the
`creamy layer' from
learned counsel that in Indra Sawhney v. Union oflndia known as Mandal case eight of 50 the nine Judges, per majority held that appointment ... Therefore, the Scheme is unconstitutional and that the prospective operation of Mandal case amounts tojudicial legislation and amounts to temporary amendment to the Constitution
formation of certain Revenue Mandals, and particularly
location of Mandal Headquarters, abolition of certain
Mandals or shifting of Mandal Headquarters, as notified in
the preliminary ... formation of
Mandals and also for location of Mandal Headquarters. The
learned Judges upheld the validity of formation of Mandals
as also the aforesaid GOMs
conformity with the law laid down by this Court in Mandal
case" and that the Court had no hesitation in approving the
said criteria ... contrary to the guidelines laid
down by this Court in Mandal Case" as they would not result
in the elimination of the creamy layer
JUDGMENT:
O R D E R
In what is known as Mandal case (1992 ) (Suppl) 3 SCC
217) which was delivered on 16.11.1992 certain directions ... State in the light of the
ruling of this Court in Mandal case and forward the report
to this Court within 3 months form
have been relied upon in this context. Petitioners' case of supersession of Sri Mandal by the appointment of Sri S.K. Chakravarti as Kosi ... which have dealt with the consideration of the cases of the petitioners and Shri R.S. Mandal, respondent No. 4, for appointment as Chief Secretary
case of Devendra Prasad Gupta
(supra) was gone into in the Full Bench judgment
of this Court in the case of Ram Kishun Mandal ... respondent-appellant has submitted that the Full
Bench in the case of Ram Kishun Mandal (supra)
though had quoted amended provision of Section
103A
with reference to the facts
of those cases. However, in the case of Gramvikas Shikshan
Prasarak Mandal (supra), the court had directed the State ... directed the respondents to consider the case of the
petitioner afresh. In the case of Gramvikas Shikshan Prasarak
Mandal, the Division Bench had commanded
Court a Division Bench
Judgment of this Court in the case of Parmeshwar Mandal vs.
The State of Bihar and Others reported ... case of Raghunath Yadav
(supra) was brought to the notice of the Hon'ble Division Bench
hearing the case of Parmeshwar Mandal (supra
