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2019 DIGILAW 516 (KER)

Ushakumari A. v. State of Kerala

2019-07-02

ASHOK MENON

body2019
ORDER The Order of the Court was delivered by V. Chitambaresh, J. 1. The operative portion of the reference orders passed by the learned Single Judge are as follows: WP(C) No.20108/2018 "From the documents on record, it is seen that as on 06/08/2011, the result of the examination of M.Sc. (Computer Science) was not published. But in the view of the findings in Exts.P5 and P6 judgment, I find it appropriate to adjourn the case for hearing by a Division Bench. Registry shall place the matter before the Hon'ble the Chief Justice for orders." WP(C) Nos. 26402/2017, 33472/2017 & 15662/2018 "3. The contention of the learned counsel for the petitioners in these cases is that several crucial points in the orders have not been brought to the notice of the Division Bench which rendered the judgment. From the judgment in the Writ Appeal it appears that the parties were permitted to raise only those points which they had pressed in the Writ Petition. Therefore, I am of the view that these matters require consideration by a Bench of two Judges. Hence these cases are adjourned for being heard and decided by a Bench of two Judges." The above cases have accordingly been posted before us on reference made by the learned Single Judge. 2. A Full Bench of this Court in Marykutty Joseph v. State of Kerala, 2006 4 KLT 887 has considered the circumstances under which a case can be referred to a Larger Bench by the Single Judge. A reference is warranted only when: (i) The correctness of an earlier Division Bench decision is doubted. (ii) Conflicting views are expressed by two Division Benches. (iii) The state of law has become uncertain. The dictum as above was laid down after adverting to Babu Premarajan v. Superintendent of Police, AIR 2000 Ker 417 and Cochin Malabar Estates & Industries v. State of Kerala in O.P. No. 16688 of 2000. 3. None of the contingencies aforesaid arise in the instant cases warranting a reference to the Division Bench and it is for the learned Single Judge to decide the impact of the judgments relied on by the parties. We therefore decline to answer the reference and direct the Registry to post the writ petitions before the learned Single Judge as per roster.