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2020 Supreme(MP) 811

SANJAY YADAV, B.K.SHRIVASTAVA
O. B. C. Advocates Welfare Association, Jabalpur – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates Appeared:
Rameshwar Singh Thakur, Advocate, Vinayak Prasad Shah, Advocate, Ashish Anand Bernard, Advocate

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 giv

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