Research › Search › Judgment

Madras High Court · body

2018 DIGILAW 2184 (MAD)

N. S. Uma Maheswari(Minor) Rep by father and natural Guardian Sendil Vellan v. Secretary National Eligibility-Cum-Entrance Test Central Board of Secondary Education, Delhi

2018-07-20

S.VAIDYANATHAN

body2018
JUDGMENT : The petitioner has filed this petition under Rule 2-A of the Rules to Regulate Proceedings Under Article 226 of the Constitution of India, to permit the petitioner to designate and describe the fourth respondent in a representative capacity for 37 candidates having been admitted under NRI quota. 2. The said Rule 2-A and also Rule -2B of the said Rules read as follows: "Rule 2-A: Where there are numerous persons who may be affected in the event of the petitioner succeeding in a writ petition or whose addresses for effective service of notice in the writ petition is not known to the writ petitioner, or where the Court considers that having regard to the need for a quick decision and avoidance of delay, it is necessary to grant such permission, the writ petitioner, may with the permission of Court, file a single petition against one or more of such persons who may be affected, designating and describing him or them, as representing all such persons: Provided that while granting permission to the petitioner to implead a respondent or respondents in a representative capacity, the Court may direct publication of a notice in the prescribed form so that every person likely to be affected will have an opportunity of coming on record if he so chooses." Rule 2-B: Where several persons seek to invoke the jurisdiction of the Court under Article 226 of the Constitution of India, it is open to the Court to permit them to join in a single petition having regard to the nature of their grievance, the source of the right which they seek to enforce, the nature of the cause of action alleged and the nature of the relief prayed for." 3. A Writ Petition filed by a single person, can be numbered, if it is otherwise in order. If two or more persons are going to file a Writ Petition for the relief under Article 226 of the Constitution of India, the parties will have to file a Miscellaneous Petition seeking leave of this Court to file a single Writ Petition under Rule 2-B mentioned supra. Unless and otherwise the same is ordered, or the Court fee is paid with regard to those persons individually, the Writ Petition cannot be numbered. Ultimately, it is left to the discretion of the Court to permit the petitioner to file a single Writ Petition. 4. Unless and otherwise the same is ordered, or the Court fee is paid with regard to those persons individually, the Writ Petition cannot be numbered. Ultimately, it is left to the discretion of the Court to permit the petitioner to file a single Writ Petition. 4. As far as the procedures contemplated under Rule 2-A is concerned, the Writ Petition has got to be numbered first, and thereafter, depending upon the order passed by the Court, there shall be wide publicity in the newspapers, both in English and vernacular language with regard to the Writ Petition for which the relief is sought for. That is, to put it precisely, only after the Writ Petition is numbered, an order can be passed with regard to the Miscellaneous Petition filed under Rule 2-A. Otherwise, the parties may not know in which matter they should enter appearance. 5. In view of the discussion made supra, W.M.P.No.21719 of 2018 is ordered, and the fourth respondent is allowed to defend the matter in a representative capacity. This Court directs the petitioner to effect newspaper publication in one of the English and Tamil leading newspapers, circulated widely in the area concerned, on or before 01.08.2018, indicating the date of hearing of the Writ Petition as 08.08.2018. Proof of such paper publication shall be filed before the Registry of this Court on or before 03.08.2018. 6. It is needless to mention that any other party who is interested in the matter and whose rights are going to be affected, can file a petition to implead them as respondents in the Writ Petition. 7. List the Writ Petition for hearing on 08.08.2018.