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2020 DIGILAW 932 (MP)

O. B. C. Advocates Welfare Association, Jabalpur v. State Of Madhya Pradesh

2020-09-21

B.K.SHRIVASTAVA, SANJAY YADAV

body2020
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 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. 3. 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." 4. Evidently, the parameters set out in Prabhat (supra) are not meted out. 5. In view whereof, we are not inclined to cause indulgence with the issue raised. However, it will be open for respective individuals belonging to OBC/ST/SC category to raise their respective grievance and seek redressal thereof before appropriate forum in accordance with law. With these observations, the petition is dismissed. No costs.