Civil Appeal Nos. 4455-4458, 4459-4462, 4463-4466, 4471-4474, 4467-4470, 4477-4480 and 4475-4476 of 2009. Case: Ranjan Kumar etc. Vs State of Bihar and Ors.. Supreme Court (India)

Case NumberCivil Appeal Nos. 4455-4458, 4459-4462, 4463-4466, 4471-4474, 4467-4470, 4477-4480 and 4475-4476 of 2009
JudgesDipak Misra and M. Yusuf Eqbal, JJ.
IssueCode of Civil Procedure, 1908 (CPC) - Section 141, Order 1 Rule 8, Order 1 Rule 9; Constitution of India - Articles 14, 16(1), 226
Judgement DateApril 16, 2014
CourtSupreme Court (India)


Dipak Misra, J.

1. In these appeals, assail is to the judgment and order dated 19.9.2003 passed by the High Court of Judicature at Patna in a batch of letters patent appeals whereby the Division Bench has concurred with the opinion expressed by the learned Single Judge wherein he had quashed the appointment of a number of appointees in respect of the post, namely, Medical Laboratory Technician (MLT) on the ground that the procedure adopted for selection was vitiated as the candidates were selected only by interview without holding any written test though the past practice was to conduct an examination and thereafter hold interview for selection; that the interview was held in a hurried manner; and that the posts being technical in nature, holding of an examination was warranted.

2. We need not state the facts in detail. Suffice it to say that in pursuance of an advertisement issued by the concerned department of the State Government, 182 persons were appointed on the post of MLT. The writ Petitioners who participated in the interview could not be selected as they obtained lesser marks than the successful candidates. Their failure necessitated them to knock at the doors of the High Court and the learned Single Judge, as has been stated hereinbefore, accepting the grounds put forth, quashed the selection.

3. Learned Counsel for the Appellants have raised two principal contentions, first, most of the Appellants herein were not impleaded as Respondents before the High Court and without taking note of the said aspect the High Court has invalidated the selection and nullified their appointments which is violative of the principles of natural justice; and second, all the private Respondents who were writ Petitioners before the High Court having participated in the interview which was the procedure adopted, could not have challenged the said process in a court of law because of their failure, for the same is not permissible in law.

4. On a perusal of the orders impugned, we find that only 40 persons were made Respondents before the High Court and hardly a few appointees filed applications for intervention. It is well settled in law that no adverse order can be passed against persons who were not made parties to the litigation. In this context, we may refer with profit to the authority in Prabodh Verma and Ors. v. State of Uttar Pradesh and Ors. (1984) 4 SCC 251, wherein a three-Judge Bench was dealing with the constitutional validity of two Uttar...

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