Madhya Pradesh High Court
The State Of Madhya Pradesh vs Bhagwan Das Sarvariya on 29 May, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1
WA.172.2018, WA.1793.2018, WA.1844.2018, WA.458.2019, WA.459.2019,
WA.460.2019, WA.461.2019 & WA.12.2020
THE HIGH COURT OF MADHYA PRADESH
WA.172.18 State of M.P. & Ors. Vs. Braj Vihari Singh Chauhan & Ors.
WA.1793.18 State of M.P. & Ors. Vs. Bhagwan Das Sarvariya & Ors.
WA.1844.18 State of M.P. & Anr. Vs. Sewaram Parashar & Anr.
WA.458.19 State of M.P. & Ors. Vs. Smt. Bittan Ali & Ors.
WA.459.19 State of M.P. & Ors. Vs. Ramji Lal Sharma
WA.460.19 State of M.P. & Ors. Vs. Parmarthdarshi Gupta & Ors.
WA.461.19 State of M.P. & Ors. Vs. Umashankar Sharma & Ors.
WA.12.20 Dist. Edu. Officer, Shivpuri Vs. Smt. Roopwati Gupta & Anr.
Gwalior, Dated 29.05.2020
Shri Ankur Mody, learned Additional Advocate General, for
appellant/State.
Shri D.K. Agrawal, learned counsel for respondent No.1 in
WA.172.2018.
Shri Vivek Jain, learned counsel for respondents No.3, 4, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24 and 25 in WA.1793/2018, for all respondents in WA.458.19, WA.459.19, WA.460.19, WA.461.19 and for respondent No.1 in WA.12.20. (1) This bunch of writ appeals was heard and reserved for passing of final order on the question of admission but it was noticed after perusal of record that in case the appeals of the State are allowed then the interest of the institutions which govern and run the non- government aided schools would be adversely affected. (2) It is also noticed that neither before the learned Single Judge nor before this Court the said institutions have been made party. (3) Accordingly, for proper and effective adjudication of the issue 2 WA.172.2018, WA.1793.2018, WA.1844.2018, WA.458.2019, WA.459.2019, WA.460.2019, WA.461.2019 & WA.12.2020 involved, it would be appropriate to make the said institutions party in which the private respondents are/were working as teachers/employees.
(4) Consequently, the present bunch of writ appeals stands released to be listed on admission.
(5) Counsel for the appellant/State is directed to implead all the societies which are/were running the schools in which the private respondents are/were working for which appropriate application be filed within 15 days.
(6) Registry is directed to communicate this order to the counsel for the State as well as private respondents.
(Sheel Nagu) (Rajeev Kumar Shrivastava)
Judge Judge
pd 29.05.2020 29.05.2020
PAWAN
Digitally signed by PAWAN
DHARKAR
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
DHARK
GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=345b3604d572ed9dd1492 AR fe82dc3b1eef67eff2cb59f3ac97e92 0ac264de7828, cn=PAWAN DHARKAR Date: 2020.05.30 13:03:22 +05'30'