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Judgment
Heard Mr. Amrut Joshi, learned Counsel for the applicant, Mr. A.D. Bhobe, learned Special Counsel for respondent Nos.1, 2 and 3, Mr. Sanket Kamat, learned Counsel for respondent No.4 and Mr. C. Padgaonkar, learned Counsel for respondent No.9.
The applicant/ petitioner challenges several appointments in Goa Medical College and the Department of Health Service. Mr. Joshi submits that almost over a thousand appointments are being challenged by instituting this petition which has already been admitted.
By this application the petitioner seeks to sue such appointments through some named respondents in a representative capacity by adverting to the principles in Order I Rule 8 of CPC.
Except for Mr. Padgaonkar who appears for proposed respondent No.9, no objections have been raised by the learned Counsel appearing for the other parties. Mr. Padgaonkar's objection is that added responsibility will be cast on the proposed respondent No.9 if this application is allowed. He also submits that notices ought to be issued to all the appointees whose appointments are sought to be questioned in this petition. According to us, neither of any objections has any merits. Since the impleadment of the appointees is not feasible, the petitioner seeks to put the appointees on notice by adopting the procedure under Order I Rule 8 of the CPC. There is no question of any added burden on the proposed respondent No.9 merely because other similarly placed appointees are to be sued through him.
Accordingly, this application is allowed in terms of prayer clauses (b) (c) and (d) which read as follows:
“(b) The persons named in Paragraphs 10 to 31 be impleaded as Respondent Nos.7 to 28 respectively.
(c) permission be granted to sue the Appointees in each respective category through the person mentioned for each respective category in Paragraphs 10 to 31.
(d) The appointees be permitted to be sued in representative capacity through the persons named in Paras 10 to 31 by way of publication and by advertisement of the Petition in Local Daily in circulation in the State of Goa.”
The petitioner will have to submit a draft advertisement to the Registry and upon its approval by the Registrar (Judicial), publish the same in the daily Turan Bharat (Goa edition) and the daily Navhind Times. For the purpose of this notice, the returnable dated shall be 19/09/2022.
The petitioner will have to file an affidavit of service along with copies of the paper publications.
This application is disposed of in the above terms.