P. Dhanaseelan v. Union of India, Rep. by its Joint Secretary Ministry of Human Resource Development
2018-08-28
S.VAIDYANATHAN
body2018
DigiLaw.ai
JUDGMENT : 1. This Miscellaneous Petition has been filed under Rule 2-A of Appendix-IV of the Appellate Side Rules, 1965, seeking to implead the 5th respondent herein to act on behalf of other 41 selected Assistant Professors in order to defend their case. 2. While dealing with the similar issue at the Principal Bench of Madras High Court in W.M.P.No.21719 of 2018 in W.P.S.R.No.72697 of 2018 (W.P.No.18500 of 2018) dated 20.07.2018, I have myself elaborately discussed the distinction between Rule 2-A and Rule 2-B of the Rules, which clearly stipulates regulation of proceedings under Article 226 of the Constitution of India. For the sake of brevity, the said Rules are hereby extracted as under: "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.
The paramount factors to be taken note of, while numbering a writ petition are that, (i) the Writ Petition filed by a single person, can be numbered, if it is otherwise in order; (ii) 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 or otherwise the same is ordered, or separate Court fee is paid with regard to those persons, 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; (iii) as far as the procedures contemplated under Rule 2-A are 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, mentioning the date of hearing, both in English and vernacular language with regard to the Writ Petition for which the relief is sought for. In other words, 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. 4. In view of the above discussions, Registry is directed to number the main writ petition and post both the main writ petition and this miscellaneous petition for hearing on 31.08.2018 for adoption of next course of procedures as adumbrated under Rule 2-A. 5. List the main Writ Petition and this miscellaneous petition for hearing on 31.08.2018. 6. The Registrar General is directed to issue a circular to the concerned numbering sections situated both at the Principal Bench of Madras High Court and at the Madurai Bench of Madras High Court to the effect that whenever a writ petition (SR stage) along with miscellaneous petition under Rule 2-A is filed, the writ petition has got to be numbered at first and be posted before the concerned Court for hearing for further orders.