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2020 Supreme(MP) 811
MADHYA PRADESH HIGH COURT
Sanjay Yadav, B.K. Shrivastava, JJ.
O.B.C. Advocates Welfare Association, Jabalpur - Appellant
Versus
State Of Madhya Pradesh & Ors. - Respondent
Writ Petition No. 13595 of 2020
Decided On : 21-09-2020
Rameshwar Singh Thakur, Advocate, Vinayak Prasad Shah, Advocate, Ashish Anand Bernard, Advocate
The main legal point established is the requirement for an association to have standing to file a writ petition on behalf of its members, including the need for clear determinate and identifiable members and a legally binding resolution for representation in litigation.
Headnote:
Petitioners, O.B.C. Advocates Welfare Association - Challenge to Advertisement for Civil Judge Class-II Examination - The petitioner-Society cannot be said to be a person aggrieved as would espouse the cause of Other Backward Class and Scheduled Caste/Scheduled Tribe category for appointment as Civil Judge Class-II (Entry Level).
Fact of the Case:
The O.B.C. Advocates Welfare Association challenges the advertisement for Civil Judge Class-II Examination, claiming discrimination against OBC/ST/SC category.
Finding of the Court:
The court found that the petitioner-Society cannot be considered a person aggrieved to espouse the cause of OBC/ST/SC category for appointment as Civil Judge Class-II (Entry Level). The court also noted that the specific members who are deprived by the clauses under challenge were not disclosed.
Issues: The main issue was whether the petitioner-Society had the standing to challenge the advertisement for Civil Judge Class-II Examination on behalf of OBC/ST/SC category.
Ratio Decidendi: The court applied the principle that a writ petition for enforcement of the rights of its members can be filed by the association only when it can satisfy the court that all the members will be bound by the decision. The court also emphasized the need for clear determinate and identifiable members of the association and legally binding resolution for representation in litigation.
Final Decision: The petition was dismissed, and it was stated that respective individuals belonging to OBC/ST/SC category can raise their respective grievances and seek redressal before the appropriate forum in accordance with the law.
JUDGMENT
1. Petitioners, O.B.C. Advocates Welfare Association, Jabalpur, a Society registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973, challenges Part A(b) and Clause 3 of Part B of Advertisement No.325/ijh{kk@lhŒ@ts@2019(Phase II) dated 05.09.2020 inviting application for Civil Judge Class-II (Entry Level) Examination, 2019.
2. In our considered opinion, petitioner-Society cannot be said to be a person aggrieved as would espouse the cause of Other Backward Class and Scheduled Caste/Scheduled Tribe category for appointment as Civil Judge Class-II (Entry Level). Even there is no such disclosure as to who are the specific members who are deprived by the Clauses under challenge.
3. In this context a Division Bench of this Court in Prabhat vs. Barkatulla University, Bhopal, (2011) ILR(MP) 1692 ; has held ;
"2. A writ petition for enforcement of the rights of its members, as distinguished from the rights of the Association as a body, can be filed by the Association acting through its office bearer or member, whether the Association is registered or unregistered, incorporated or not, only when the Association can satisfy the Court that if an adverse decision is given in that petition all the members of that Association or "Body of Individuals" will be bound by the decision. The reason is, that otherwise, immediately after adverse decision any other member of that Association may come before the Court in an independent writ petition, saying that he has not been heard and he had not authorized such Association or office-bearer or member to represent him in the litigation.
3. Therefore firstly the members of the Association must be clearly determinate and identifiable; and secondly either there should be Rules of such Association, or a legally binding special resolution of its general body for such representation in the litigation, so as to bind the members by the decision in such litigation."
4. Evidently, the parameters set out in Prabhat (supra) are not meted out.
5. In view whereof, we are not inclined to cause indulgence with the issue raised. However, it will be open for respective individuals belonging to OBC/ST/SC category to raise their respective grievance and seek redressal thereof before appropriate forum in accordance with law.
With these observations, the petition is dismissed. No costs.
