KHETRABASL BLSWAL versus AJAYA KUMAR BARAL AND ORS.

Citation: [2003] SUPP. 6 S.C.R. 8 · Decided: 20-11-2003 · Supreme Court of India · Bench: V.N. KHARE, S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
KHETRABASl BlSWAL 
v. 
AJA YA KUMAR BARAL 'A-ND ORS. 
NOVEMBER 20, 2003 
B 
[V.N. KHARE, CJ. AND S.B. SINHA, J.] 
Service Law : 
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Jtiditia~Postf ·of Temporary Muns if (Emer[f~ncy, lj.ecn;.itn:ze~t)-
C Orissa Public Service Commission sending list of selected candidates to 
Government-Government preparing another list omitting names of 
candidates Sf!lected by Commission-Writ petition filed before High Court~ 
High Court preparing its own list without issuing notice to affected 
candidates-Offers of appointment issued by State Government in terms of 
D list prepared by High Court-Held, candidates who ~uffered prejudice by 
reason of directions issued by High Court were necessary parties-The 
procedural as well as the substantive law both mandate that in the absenc€ 
of a necessary party, the order passed is a nullity and does not have a 
binding effect-In exercise of jurisdiction unde.r Article 142 and with a 
E view to do complete justice matter remitted to High Court for a fresh 
decision on merits and after giving opportunity to writ petitioners to 
implead all the' necessary parties-Constitution of India-Article 142. 
F 
Practice and Procedure-Non-impleadment of necessary parties-
Effect of 
Constitution of India, 1952 : 
Article 226-Writ of mandanus-Selection to posts of Temporary 
Munsifs-Dispute arising out of State Government preparing a different 
G list than that sent to it by Orissa Public Service Commission-Writ petition 
filed before High Court-High Court preparing its own list and giving 
directions accordingly-Held, a writ of or in the nature of mandamus could 
not have been issued directing State Government to appoint the selectees 
in terms of the select list prepared by High Court-High Court should have, 
H if such a case was made out, relegated the matter to the Commission. 
8 
. , 
KHETRABASI BISWAL v. A.K. BARAL 
9 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5984 of A 
1998. 
From the Judgment and Order dated 22.8.97 of the Orissa High Court 
in O.J.C. No. 14380 of 1996. 
WITH 
C.A. Nos. 5986, 5987 and 5985 of 1998. 
Dr. K.S. C:hauhan, Chand Kiran and V.K. Burman for the Appellant 
' 
. 
in C.A. No. 5984/98. 
Goodwill Indeevar for the Appellant in C.A. No. 5985/98. 
V .A. Mohta, Bharat Sangal, Ms. Sangeeta Panicker and R.R. Kumar 
for the Appellants in C.A. No. 5986-87/98. 
Jana Kalayan Das Respondent for State . 
Ms. Kirti Mishra for Orissa Public Service Commission. 
The following Order of the Court was delivered : 
On 17.6.1996 the Orissa Public Service Commission (for short 'the 
Commission') issued an advertisement No. 5 of 1996-97, inviting application 
in the prescribed form for 25 posts of Temporary Munsif (Emergency 
Recruitment) in Class II of Orissa Judicial Service. 
The appellants herein and the respondents along with the others 
submitted an application before the Commission. 
B 
c 
D 
E 
F 
A written examination was held by the Commission and in terms 
thereof, a list of the successful candidates was prepared. The selectees were 
later on interviewed by the Commission and in the said proceeding a sitting G 
Judge of the High Court acted as an expert. Thereafter the select list has 
been prepared on the basis of merit, which contained 39 names. The names 
of the appellants, admittedly, found place therein. The said list was sent 
to the State Government for its approval. The State Government, however, 
on receiving the said list, prepared another list. The name of Khetrabasi H 
10 
SUPREME COURT REPORTS [:2003] SUPP. 6 S.C.R. 
A Biswal also found place therein. The names of the appellants, namely, 
Dipali Chand and Govinda Chandra Parida and another were omitted: 
Several wrif applications were filed by Ajaya Kumar Baral, Pradipta 
Kishore Bhuyan, Krushna Chandra Jena, Bijaya Kumar Patra and Govinda 
Chandra Parida and Anr. filed petitions bearing O.J.<::;_. Nos; 14,380' of 
B 1996, 5566, 6040, 6041 and 6088 of 1997 respectively. It is also n'ot in'. 
dispute that one of the appellants, namely, Dipali Chand· in Civil Appeaf 
Nos. 5986 and 5987of1998 also filed a Writ Petition No. 13687-of1997, 
which it still pending. By reason of the impugned judgment, the High Court-
purporting to interpret the s~rvice rules prepared the list of the candidates, 
who should have been selected. Pursuant to and in furtherance of the 
C directions issued by the High Court, offe

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