Full Judgment Text
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PETITIONER:
DIWAKAR SHRIVASTAVA AND ORS.
Vs.
RESPONDENT:
STATE OF MADHYA PRADESH AND ORS.
DATE OF JUDGMENT02/02/1984
BENCH:
REDDY, O. CHINNAPPA (J)
BENCH:
REDDY, O. CHINNAPPA (J)
VENKATARAMIAH, E.S. (J)
MISRA, R.B. (J)
CITATION:
1984 AIR 468 1984 SCR (2) 792
1984 SCALE (1)141
ACT:
Civil Procedure-Persons likely to be affected must be
impleaded as parties.
Natural Justice-Applicability of.
HEADNOTE:
The appellants questioned the relaxation granted to
candidates belonging to Scheduled Castes and Scheduled
Tribes in regard to the minimum qualifying marks for
admission into the medical colleges without properly
impleading the persons who were likely to be affected if the
submissions of the appellants were accepted.
Dismissing the appeals,
^
HELD: Rules of natural justice apply as much to
proceedings in courts of law as to proceedings before
authorities elsewhere. It may be that where a general
question is involved and a large number of persons are
concerned, the court may, in appropriate cases, permit a few
of them to be sued in a representative capacity or may
consider them as sufficiently represented by a few who have
been properly impleaded as parties. [793F-G]
In the instant case no effort has been made to implead
any person likely to be affected as a party to the
proceedings. The question of the legality or validity of the
relaxation granted in their favour cannot possibly be
decided in their absence. [793G; F]
JUDGMENT:
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos, 6407-
6408 of 1983.
Appeals by Special leave from the Judgment and order
dated the 17th March, 1983 of the Madhya Pradesh High Court
in Misc Petition Nos. 1232 and 1604 of 1982.
WITH
Civil Appeal Nos. 8201-04 of 1983.
Appeals by Special leave from the Judgment and order
dated the 22nd August, 1983 of the Madhya Pradesh High Court
in Misc. Petitions Nos. 1876, 1908, 1909 and 1976 of 1983.
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793
AND
Civil Appeal No. 8200 of 1983.
Appeal by Special leave from the Judgment and order
dated the 6th September, 1983 of the Madhya Pradesh High
Court in Misc. Petition No. 2140 of 1983.
Shiv Dayal, G. L. Sanghi, Mukul Mudgal and J. P. Sanghi
for the Appellants.
A. K. Sanghi, S. R. Agawala and V. K Chitre for the
Respondents.
C. L. Sahu for the Intervener Madanlal.
The Judgment of the Court was delivered by
CHINNAPPA REDDY, J. The appellants in the several
appeals before us question the relaxation granted to
candidates belonging to the Scheduled Castes and the
Scheduled Tribes in regard to the minimum qualifying marks
for admission into the medical colleges of the State of
Madhya Pradesh. We are afraid we have to throw out these
appeals on the preliminary ground that the persons likely to
be affected if we agree with the submissions made on behalf
of the appellants, that is, the candidates belonging tot he
Scheduled Castes and the Scheduled Tribes who have secured
admission into the medical colleges as a result of the
relaxation granted to them have not been brought before us
by being properly impleaded as parties. We fail to see how
the question of the legality or validity of the relaxation
granted in their favour can possibly be decided in their
absence. Rules of natural justice apply as much to
proceedings in courts of law as to proceedings before
authorities elsewhere. It may be that where a general
question is involved and a large number of persons are
concerned, the court may, in appropriate cases, permit a few
of them to be sued in a representative capacity or may
consider them as sufficiently represented by a few who have
been properly impleaded as parties. That is not the
situation here. No effort has been made to implead any
person likely to be affected as a party to the proceeding.
All the appeals are liable to be dismissed on this short
ground.
The learned counsel for the appellants urged that some
seats reserved for the Scheduled Castes and the Scheduled
Tribes which have not been filled on account of non-
availability of candidates.
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have to be transferred to the general category under the
rules and are, therefore, available for candidates coming
under the general category. The counsel for the appellants
suggests that the several appellants may be accommodated
against these vacancies and directed to be admitted into one
or other of the medical colleges. So far as admission to
medical colleges for the year 1982-83 is concerned, it is
stated in the additional counter-affidavit filed on behalf
of the first respondent that all the seats including those
transferred from the reserved category to the general
category have been filled and there are no more vacancies.
It is, therefore, unnecessary to give any direction in Civil
Appeal Nos. 6407 and 6408 which relate to the year 1982-83.
The other appeals relate to admissions during the year 1983-
84. In these cases, we have no definite information as to
the number of vacancies available. Even if there are a large
number of vacancies, we cannot give any direction to admit
the appellants against those vacancies since we are not in a
position to say that appellants are the best candidates from
the general category. All that we can do is to say that if
on account of non-availabity of candidates from the
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Scheduled Castes and the Scheduled Tribes, there are any
vacancies which are required to be transferred to the
general category under the rules, such vacancies may be
filled up from the general category on the basis of merit.
We do not have any doubt that this will be done. Subject to
this direction, the appeals are dismissed.
H.S.K. Appeals dismissed.
795