UGC NET Exam June 2012 Case Curative Petition Dismissed. Now Appeal before Constitutional Bench

Dear Yuvians,

The Curative Petition regarding UGC NET Exam June 2012 Case is dismissed though it is not updated on the website of Supreme Court. This is the second major blow we have received after our Review Petition was dismissed.  Now we have another option of appealling before Constitutional Bench because we are not listened by Judges in previous two appeals. 

What is Constitutional Bench?

           Constitutional Bench is a bench of five or more judges of the Supreme Court constituted by the Chief Justice of India to hear and decide a case involving a substantial question of law . Generally such questions relate to the interpretation of the Constitution. All questions referred by the President can only be heard by a Constitutional Bench.

        There is no fixed criteria to determine as to what constitutes a 'substantial question of law'. By convention all matters are listed before the Chief Justice of India, who upon his wisdom allocates the matter to other judges of the Supreme Court, who sit in benches of two or three generally. If the bench finds that there the matter invovles issues of law which require determination by a bench of higher number of judges, they remit the matter for consideration before the Chief Justice, who may allocate the matter to a bench of higher strengh. Generally the matter is referred to a bench of five judges but there have been instances wherein the matter is referred to a bench of seven or eleven, and in one case, even thirteen judges directly. This depends upon the importance of the issue and on the availability of former decisions of other higher benches of the Court.

          Let us hope for the best. Good luck.