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IN THE HIGH COURT OF ALLAHABAD
M. Katju and B. S. Chauhan, JJ.
DR.P.P.RASTOGI - Appellant
Versus
MEERUT UNIVERSITY - Respondents
Civil Misc. Writ Petition 5869 Of 1985
Decided On : 01/31/1997
Locus Standi - Committee of Management - Individual members of the Committee of Management do not have locus standi to file a review application, only the Committee of Management itself through its Manager or person authorized by a resolution of the Committee of Management can appear in Court.
Fact of the Case:
The application was to review a judgment passed by a Bench of Honble paritosh K. Mukherji J. and Honble Jagdish Bhalla, JJ. The applicants, certain members of the Committee of Management, were seeking to file the review application.
Finding of the Court:
The court found that individual members of the Committee of Management do not have locus standi in such cases and only the Committee of Management itself through its Manager or authorized person can appear as a party in the case. The application was rejected on the grounds of lack of locus standi.
Issues: The main issue was whether individual members of the Committee of Management had the right to file a review application or appear as a party in the case.
Ratio Decidendi: The court held that allowing individual members to appear before the court would create confusion and chaos, and therefore, only the Committee of Management itself through its authorized representative can appear in Court.
Final Decision: The application for review was rejected on the grounds that the individual members of the Committee of Management had no locus standi to file the review application.
( 1 ) THIS is an application to review the jugment dated 27-11-1995 passed by the Bench of Honble paritosh K. Mukherji J. and Honble Jagdish Bhalla, JJ. Since Honble Paritosh K. Mukherji, J. has retired and Honble Jagdish Bhalla, JJ. is sitting in Lucknow Bench of this Court, Honble the chief Justice by order dated 2-12-1996 has nominated this review application before us.
( 2 ) HEARD Shri Ravi Kant, learned counsel for the applicant and Shri W. H. Khan, learned counsel for the petitioners.
( 3 ) IN our opinion this application is liable to be rejected on the short ground that the applicants have no locus standi in the matter. Admittedly, this application for review has not been filed by the Committee of Management, but by certain members of the Committee of Management.
( 4 ) IN our opinion, an individual member of the Committee of Management has no locus standi in such cases and it is only the Committee of Management alone which can appear as a party in the case. To permit individual members of the Committee of Management to appear before us would create a lot of problems because any individual member or several members may file applications at any time through his/their own separate counsel, resulting in confusion. For instance, if there are 1 5 members of the Committee of Management and we permit each of them to appear before us through their separate counsels, it would result in chaos. In our opinion, the only legal entity which can appear in Court for the management is the Committee of management itself through its Manager or person authorised by a resolution of the Committee of management.
( 5 ) IN view of the above, the applicants have no locus standi to file this review application, to be a party in the case. It is rejected accordingly.
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