Bhansali V. And Ors. vs Union Of India (Uoi) And Ors.
2001 Latest Caselaw 820 Bom

JUDGMENT

1. We have heard counsel for the parties.

2. The Central Administrative Tribunal, by its order dated June 7, 2000, has dismissed the application filed by the petitioner on the ground that the persons affected have not been made patties in the application.

3. While we do not find any error in the reasoning of the Tribunal, we do feel that in a case of this nature where the validity of a Notification or the manner of its implementation is challenged, instead of making each and every affected person party-Respondent, the petitioner may select some of them in a representative capacity to represent the class of persons affected. We are, therefore, of the view that the petitioner should be given an opportunity of doing so, and for that purpose, we set aside the order of the Tribunal and remit the matter to the Tribunal to permit the petitioner to add the persons likely to be affected as parties to the application, even though in a representative capacity, and thereafter to decide the application in accordance with law.

4. Petition disposed of accordingly.

5. Parties be supplied copy of this order duly authenticated by the Sheristedar of this Court.