Yudhisther Kumar S/O Shri ... vs Director, Rajasthan School ...
2022 Latest Caselaw 4832 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 8540/2021
Yudhisther Kumar S/o Shri Vaasuram
                                                                   ----Petitioner
                                    Versus
Director, Rajasthan School Shiksha Parishad
                                                                 ----Respondent

For Petitioner(s) : Mr. Najeeb Anwar Khan For Respondent(s) : Dr. Ganesh Parihar, AAG Mr. Dharmendra Jain Mr. Manvendra Singh

HON'BLE MR. JUSTICE INDERJEET SINGH Order 14/07/2022

Heard on the Application for impleading the applicant-Pradeep

Kumar Joshi as party respondent in the writ petition.

Counsel for the applicant submitted that on the complaint made

by the applicant, the charge-sheet has been issued by the State

respondent to the petitioner.

Counsel for the petitioner opposed the application and submitted

that the applicant is neither necessary nor proper party. He relied upon

the judgment passed by the Coordinate Bench of this court at Principal

Seat, Jodhpur in S.B. Civil Writ Petition No.6144/2014 decided on

26.04.2016 which reads as under:-

"An application has been by the applicant seeking impleadment as party-respondent to the present writ petition. The present writ petition has been filed by the petitioner aggrieved against the resolution passed by respondents dated 13.02.2014, whereby the permission granted to the petitioner has been cancelled and the consequential communications issued in this regard.

It is, inter alia, claimed by the applicant that the proceedings, which are subject matter of the present writ petition have been initiated at the instance of the applicant and, therefore, the applicant is a necessary party to the present writ petition.

(2 of 2) [CW-8540/2021]

The application is opposed by the learned counsel for the petitioner. It is submitted that merely because applicant is a complainant, he has no right to be impleaded as a party, wherein the action of the respondent-local authority is under challenge.

I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

From the perusal of the material available on record, and the submissions made by learned counsel for the parties, it is apparent that the applicant based on the fact that action has been initiated by the respondents based on his complaint is seeking impleadment as party to the present writ petition. It is well settled that merely because an action has been initiated at the complaint of a party, the said party cannot seek impleadment to the proceedings, wherein the action of the State/Local Authority is sought to be questioned by the aggrieved party and in view thereof, it cannot be said that the applicant is a necessary party to the present writ petition.

In view of the above, the application seeking impleadment as party-respondent cannot be entertained. The same is, therefore, dismissed.

However, looking to the facts of the case, the applicant is permitted to intervene in the matter."

Heard counsel for the parties and perused record including the

order dated 26.04.2016 passed by the Coordinate Bench of this court

wherein Coordiante Bench of this court has allowed the applicant as

intervenor, therefore, I deem it just and proper to allow the applicant to

assist the court as Intervenor in the present proceedings.

The application is accordingly disposed of.

(INDERJEET SINGH),J

JYOTI /60

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