Natural justice requires representative right of hearing for appellants under Rule 17 before Hon’ble Single Bench.

JUDGMENT

THE COURT:- The appellants in MAT 85 of 2023 and MAT 124 of 2023 ventilate a common grievance. The appellants applied before the Hon’ble Single Bench by filing CAN 8 of 2023 praying for being added as party respondents to the writ petition, being WPA 13700 of 2021.

By the Order impugned dated 11th of January, 2023 their application, being CAN 8 of 2023, was rejected by the Hon’ble Single Bench. The Order impugned dated 11th of January, 2023 reads as follows:-

“Court No. 17

11.01.2023

(ADSL 1)

(S. Banerjee)

CAN 8 of 2023

Setab Uddin& Ors.

Vs.

The State of West Bengal & Ors.

in

WPA 13700 of 2021

Twelve persons have filed this addition of party application, being CAN 8 of 2023 in WPA 13700 of 2021. On mentioning this matter has been brought in the list by publishing one supplementary list. A copy of the supplementary list published is kept on record.

In respect of this addition of party application I find the only one paragraph for adding them as party is paragraph 9 which is as follows:

“The applicants states that since the instant proceeding has been initiated in relation to the recruitment process being the first SLST wherein the applicants have participated and has been recruited, and their names have been published in the official website, they are necessary parties to the proceeding and should be given appropriate opportunity to represent themselves.”

In the application containing 15 paragraphs there is no other paragraph which says about addition of party as necessary parties.

The principle as to who is the necessary parties in a matter is well settled. A party is a necessary party in whose absence no effective decree (or final order) can be passed in a proceeding.

Here neither it has been shown nor do I find any reason why the final order cannot be passed by this court in the writ application without the presence of the applicants. Again, why the writ petitioner being the dominus litis will be compelled to litigate against a person against whom he does not want any relief.

Hence, though the learned advocate for the applicants wanted orders on both prayers (a) and (b), I do not find any merit in this application for addition of party and before adding them as parties there is no question of passing any order, as has been prayed in prayer (b).

In my view, this application has been made to disturb the proceeding wholly which is going on in this court where the corruption committed by a large number of high officials against whom prima facie cases are there for which they are in custody now.

Therefore, I dismiss this application with a cost of Rs. 1/- (Rupees one only) which is to be paid to the learned advocate for the petitioners.”

The appellants submit that the said Order dated 11thJanuary, 2023 is most unjust. The appellants accordingly seek Leave to Appeal with the prayer to supply them all pleadings connected to WPA 13700 of 2021. The appellants submit that as a consequence of the Order dated 11thJanuary, 2023 and, on the basis of earlier Orders dated 14thDecember, 2022, 22nd December, 2022 and 23rdDecember, 2022, also passed in WPA 13700 of 2021, the respondents/ the West Bengal Central School Service Commission (for short, the Commission) has published a Notice dated 29thDecember, 2022.

The said Notice dated the 29thof December, 2022 gives the details of 952 candidates who appeared for the First State Level Selection Test, 2016 (for short, the 1stSLST, 2016) for the posts of Assistant Teachers for Classes IX and X. The names of the appellants appear with others in the said Notice which, at its Preamble, states as follows:-

“In compliance with the direction of Hon’ble Justice Abhijit Gangopadhyay, High Court, Calcutta, dated 14.12.2022, 22.12.2022 and 23.12.2022 in WPA 13700 of 2021, the details of 952 candidates along with copies of their OMRs (as received from Central Bureau of Inv