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Judgment
In the order dated 8/10/1999, it was observed that inasmuch as in Kuldeep Singh case decided by a Bench of three Judges, the observations of the Constitution Bench in Indra Sawhney case and the observations in Vinod Kumar case were not noticed, this case should be placed before a Bench of three Judges.
The decision in Kuldeep Singh case was by a Bench of three Judges which, as already noted, had not referred to the majority decision in Indra Sawhney case which was delivered by a Constitution Bench. As the correctness of the decision in Kuldeep Singh case is in doubt, it will be appropriate that this case is heard by a Constitution Bench.
Our attention has also been drawn to a recent three-Judge Bench decision of this Court in Haridas Parsedia v. Urmila Shakya wherein it was observed that in the case of departmental promotion examination which is held exclusively for SCs/STs, there could be reduction to the extent of 10 per cent in the passing marks. This decision does not refer to the observations of this Court in Indra Sawhney case which appears to lay down, in clear terms, that there cannot be dilution of standards in matters of promotion.
Papers be placed before Hon''ble the Chief Justice of India for appropriate orders.