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2011 DIGILAW 463 (MP)

Prabhyat B. Ed. Chhatra Sangh Prabhyat v. Barkatullah University, Bhopal

2011-04-18

S.C.SINHO, SUSHIL HARKAULI

body2011
ORDER : This writ petition has been filed on behalf of the petitioner Association through its President Gaurav Ji, s/o Shri Surendra Nath Ji Tiwari. The Association claims to be aggrieved by the fact that the result of its President as well as of its Members (said to be 45 in number) of B.Ed, has not been declared by the respondents. 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. 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. Therefore, we decline to entertain this writ petition on behalf of the Association. However, so far as its President Gaurav Ji is concerned, learned Counsel for the respondents has stated that according to his instructions this person has been admitted to the B.Ed. Course through Central Counselling and therefore, according to the order of Supreme Court, dated 4-9-09, enclosed as Annexure P-3 to this writ petition, the result of Gaurav Ji will be declared by the respondents as there is no other reason for refusing to declare that result. The writ petition, therefore, is finally disposed of with direction to the respondents to declare the result of Gaurav Ji within two weeks from today.