One hundred and twenty years later, the U.S. Supreme Court, in Brown v. Board of Education of Topeka, 347 U.S. 483 1954 , overruled a long standing precedent of 1896, namely, Plessy v. Ferguson, 163 U.S. 537 1896 , to number declare that there shall be desegregation of black and white students in state schools.
The subject review petitions as well as the writ petitions may, accordingly, remain pending until determination of the questions indicated above by a Larger Bench as may be companystituted by the Honble the Chief Justice of India.
An uneasy tension prevailed as the students were prevented entry.
In 1957, as stated hereinabove, the Governor of Arkansas and officers of the Arkansas National Guard obstructed black children from entering the high school at Little Rock, Arkansas.
Ordinarily, review petitions ought to proceed on the principle predicated in Order XLVII in Part IV of the Supreme Court Rules, 2013.
A companystitutional crisis was reached, when the Governor of Arkansas openly flouted the desegregation order mandated by the U.S. Supreme Court in Brown supra .
However, President Eisenhower then despatched federal troops to the high school, as a result of which, admission of black students to the school was thereby effected.
All these petitions were heard together in the open Court.
However, along with review petitions several fresh writ petitions have been filed as a fall out of the judgment under review.
Ranjan Gogoi J. M. Khanwilkar J. Indu Malhotra New Delhi November 14, 2019 1962 1 SCR 383 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL INHERENT ORIGINAL JURISDICTION REVIEW PETITION CIVIL NO.
In 1958, the School Board and the Superintendent of Schools filed a petition in the District Court seeking postponement of their programme for desegregation.
So, a judgment of the highest companyrt of the land was blatantly disobeyed by the State of Georgia, with the backing of the President of the United States.
3358 OF 2018 IN WRIT PETITION CIVIL NO.
