DIWAKAR SHRIVASTAVA AND ORS. versus STATE OF MADHYA PRADESH AND ORS.

Citation: [1984] 2 S.C.R. 792 · Decided: 02-02-1984 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Dismissed

Judgment (excerpt)

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B 
792 
DIW AKAR SHRIVAST A VA AND ORS. 
v. 
STATE OF MADHYA PRADESH AND ORS. 
February 2, 1984 
[0. CHINNAPPA RBDDY, E. s. VENKATARAMIAH AND 
R. B. MISRA, JJ.] · 
Civil Procedure-Persons likely to be affeccttd must be impleaded as partit!s, 
Natural Justice-Applicabilily of, 
The appellants questioned the relaxation granted to candidates belonging 
to Scheduled Castes and Scheduled Tribes in regard to the minimum qualifying 
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marks for admission into the medical coUeges without properly impleading the 
persons who were likely to be affected if the sumissions of the appe'llants were 
accepted. 
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F 
Dismissing the appeals, 
HELD : 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 rersons are concerned, the 
court may, in appropriate cases, permit a few of then1 to be sued in a represen· 
tative·capicity or may consider them as sufficienily represented by a few who 
have been properly impleaded as parties. [793F-GJ 
'In the instant case no effort bas been made to implead any person likely 
to be affected as a party to the proceedings. The question of the legality or 
validity of the relaxation granted in their favour cannot possibly be decided in 
their absence. [7930 ; F] 
' 
CIVIL APPELLATE JURISDICITION : Civil Appeal Nos. 6407 -6408 
of 1983. 
· 
' 
Appeals by Special leave from the Judgment and Order doted 
the 17th March, 1983 of the Madhya Pradesh High Caurt in Misc. 
Petition Nos. 1232 andll604 of 1982. 
WITH 
Civil Appeal Nos. 8201-04 of 1983. 
Appeals by Special leave from the Judgment and Order dated 
the 22nd August, 1983 of the Madhya Pradesh High Court in Misc, 
G 
Petitions Nos. 1876, 1908, 1909 and 1976 of 1983, 
D. SHRIVASTAVA v. M.P. STATE (Chinnappa Reddy, J.) 
793 
AND 
Civil Appeal No. 8200 of 1983. 
Appeal by Special leave from the Judgment and Order dated 
the 6th September, 1983 of the Madhya Pradesh High Court in 
Misc. Petition No. 2140 of 1983. 
,:,hiv Dayal, G. L. Sanghi, Mukul Mudgal and J. P. Sanghi for 
the Appellants. 
A. K. Sanghi_, S. R. Agawala and V. K Chitre for the Respon-
dents. 
C. L. Sahu for the Intervener Madanlal. 
The Judgment of the Court was delivered by 
Cu1NNAPPA REDDY, J. 
The appellants in the several appeals 
before us question th' relaxation granted· to candidates belonging to 
the Scheduled Castes and t)le 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 tot he 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 reb.xation granted in their favour can possibly be dedded 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 num-
ber of persons are .concerned, the court may, in appropr_iate 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 dismis-
sed on this short ground. 
The learned counsel for the appellants urged that some seats 
reserved for the Scheduled Castes and the Scheduled Tribes which 
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have not been filled' on account of non-availability of candidates 
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794 
. SUPREME COURT REPORTS 
(1984] 2 '.C.R. 
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 state

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