With
Civil Appeal Nos. 8201-04 of 1983
KUMARI MADHU CHANSORIYA AND OTHERS . . Appellants;
Versus
STATE OF MADHYA PRADESH AND OTHERS . . Respondents.
And
Civil Appeal No. 8200 of 1983
KUMARI JYOTI AND OTHERS . . Appellants;
Versus
STATE OF MADHYA PRADESH AND OTHERS . . Respondents.
Civil Appeals Nos. 6407-6408 with 8201-04 and 8200 of 1983, decided on February 2, 1984
Practice and Procedure — Parties — Failure to implead persons against whom relief claimed — Relaxation granted to SC and ST candidates in minimum qualifying marks for admission into medical colleges challenged in appeal before Supreme Court — But the SC and ST candidates who secured admission by availing the relaxation not impleaded as parties — Held, the appeal would fail — Constitution of India, Articles 133 and 136 — CPC, 1908, Order 1, Rule 8 — Universities — Admission
(Para I)
Practice and Procedure — Parties — When can properly impleaded parties be treated in a representative capacity
Where a general question is involved and a large number of persons are concerned, the Court may, in appropriate cases, permit a few of them to be sued in a representative capacity or may consider them as sufficiently represented by a few who have been properly impleaded as parties. But that was not the situation in this case.
(Para 1)
Universities — Admission — De-reservation of vacancies in absence of non-availability of suitable SC/ST candidates — Direction to admit the appellant general candidates could not be given by Court in absence of information as to number of de-reserved vacancies available and whether the appellants were the best candidates for admission against those vacancies — Court could only direct that if the reserved vacancies were to be transferred to general category under rules, such vacancies may be filled from general category on the basis of merit
(Para 2)
Appeals dismissedR-M/6480.CL
Advocates who appeared in this case :
Shiv Dayal and G.L Sanghi, Senior Advocates (Mukul Mudgal and J.P Sanghi, Advocates, with them) for the Appellants;
A.K Sanghi, B.R Agarwala and V.K Chitre, Advocates, for Respondents;
C.L Sahu, Advocate, for the Intervener, Mr Madanlal.
The Judgment of the Court was delivered by
O. Chinnappa Reddy, J.— The appellants in the several appeals before us question the relaxation granted to candidates belonging to the Scheduled Castes and the Scheduled Tribes in regard to the minimum qualifying marks for admission into the medical colleges of the State of Madhya Pradesh. We are afraid we have to throw out these appeals on the preliminary ground that the persons likely to be affected if we agree with the submissions made on behalf of the appellants, that is, the candidates belonging to the Scheduled Castes and the Scheduled Tribes who have secured admission into the medical colleges as a result of the relaxation granted to them have not been brought before us by being properly impleaded as parties. We fail to see how the question of the legality or validity of the relaxation granted in their favour can possibly be decided in their absence. Rules of natural justice apply as much to proceedings in courts of law as to proceedings before authorities elsewhere. It may be that where a general question is involved and a large number of persons are concerned, the Court may, in appropriate cases, permit a few of them to be sued in a representative capacity or may consider them as sufficiently represented by a few who have been properly impleaded as parties. That is not the situation here. No effort has been made to implead any person likely to be affected as a party to the proceeding. All the appeals are liable to be dismissed on this short ground.
2. The learned counsel for the appellants urged that some seats reserved for the Scheduled Castes and the Scheduled Tribes which have not been filled on account of non-availability of candidates have to be transferred to the general category under the rules and are, therefore, available for candidates coming under the general category. The counsel for the appellants suggests that the several appellants may be accommodated against these vacancies and directed to be admitted into one or other of the medical colleges. So far as admission to medical colleges for the year 1982-83 is concerned, it is stated in the additional counter-affidavit filed on behalf of the first respondent that all the seats including those transferred from the reserved category to the general category have been filled and there are no more vacancies. It is, therefore, unnecessary to give any direction in Civil Appeals Nos. 6407 and 6408 which relate to the year 1982-83. The other appeals relate to admissions during the year 1983-84. In these cases, we have no definite information as to the number of vacancies available. Even if there are a large number of vacancies, we cannot give any direction to admit the appellants against those vacancies since we are not in a position to say that the appellants are the best candidates from the general category. All that we can do is to say that if on account of non-availability of candidates from the Scheduled Castes and the Scheduled Tribes, there are any vacancies which are required to be transferred to the general category under the rules, such vacancies may be filled up from the general category on the basis of merit. We do not have any doubt that this will be done. Subject to this direction, the appeals are dismissed.