Failure to implead necessary parties vitally affected by the writ petition mandates dismissal of the petition irrespective of merits.

JUDGMENT

When the matter was presented on 25.10.2017, the learned Additional Government Pleader had taken notice behalf of the Respondents. It was ordered that any future appointments to the post in question, which is the subject of the writ petition, on would be contingent upon further orders. Subsequently, on behalf of the Respondents, the 1st Respondent submitted a counter affidavit dated 24.07.2018.

2. The Petitioner, working as an Office Superintendent, challenges the Government's orders issued in G.O. Ms No. 115, School Education Department, dated 30.05.2017, and G.O. Ms No. 116, School Education Department, dated 30.05.2017. The Petitioner contends that these orders unjustly exclude him from the panel for appointment as District Library Officer. Accordingly, he seeks to have these orders quashed and requests a directive to the Respondents to appoint him as District Library Officer under Rule 4(b)(iii) of G.O. Ms. No. 1234, Education Department, dated 27.06.1981, by including his name in the panel for the year 2016-2017, with effect from 30.05.2017.

3. The Petitioner's case is that he joined as a Junior Assistant in the Sivagangai District on 22.09.1997, was subsequently promoted to Assistant on 15.11.2001, and later advanced to the position of Superintendent on 01.11.2013. He further states that he obtained a B.A. degree in 2006 and a degree in Library Science in 2015.

4. According to the Petitioner, ad hoc rules were framed for filling the position of District Library Officer in the Education Department. G.O. Ms. No. 1234, Education Department dated 27.06.1981, amended these rules. As per Rule 3, appointments to the post of District Library Officer shall be made in the following manner:

"(i) by recruitment by transfer from the post of Deputy Librarian of Connemara Public Library; or

(ii) by direct recruitment from among Librarians in Grade I in the Local Library item (i) above; or

(iii) by recruitment by transfer from any other service, if no qualified and suitable person is available by the methods in items (i) and (ii) above; or

(iv) by direct recruitment from the open market, if no qualified and suitable person is available by the methods in items (i), (ii) and (iii) above."

5. As per Rule 4(b)(iii), the qualifications required for individuals transferred from other services are as follows:

1) A degree in Arts or Science;

(2) A diploma or degree in Library Science and

(3) Experience for not less than five years in any of the Libraries in a supervisory cadre.

6. The first impugned order dated 30.05.2017 included the names of 12 individuals in the temporary panel for the year 2016-2017 for the post of District Library Officer. On the same day, through the second impugned order, the same 12 individuals were temporarily appointed as District Library Officers.

7. The Petitioner challenges his non-inclusion in the panel and the resulting non-promotion by the impugned orders. However, the Petitioner ought to have impleaded those who were selected for inclusion in the panel and subsequently given temporary promotions. Despite contesting an order that promoted 12 individuals, the Petitioner has not impleaded them, either individually or in a representative capacity.

8. The writ petition is liable to be dismissed solely on the ground of non-impleadment of necessary parties. In this regard, it is essential to refer to certain judgments of the Hon'ble Supreme Court, particularly the case of Prabodh Verma v. State of U.P. , reported in 1984 (4) SCC 251 , wherein the Court held as follows:

“......we would like to point out that the writ petition filed by the Sangh suffered from two serious, t