MRINAL KANTI DAS Vs. STATE OF WETS BENGAL

JUDGEMENT

(1.) Three hundred ten individuals, claiming to be unemployed youths having registered their names in the concerned Employment Exchange, have joined together to file the instant writ petition praying, inter alia, for the following reliefs:

(2.) A preliminary point has been taken by the learned advocate representing the Respondent Nos. 1, 2, 3 and 6 who submits that each writ Petitioner has his own independent cause of action, yet they have joined together to file the instant writ petition, without even paying the necessary court-fees and on this ground alone the instant writ petition is liable to be dismissed. In this regard, he relies on a judgment of the Supreme Court in the case of Mota Singh v. State of Haryana, 1980 Supp1 SCC 600 ).

(3.) On the other hand, learned advocate appearing on behalf of the three hundred ten writ Petitioners submits that his clients are extremely poor and unemployed and they are not in a position to pay the deficit court-fees. Moreover, he submits that all the writ Petitioners were sponsored by the concerned Employment Exchange in the year 2006, for the purpose of recruitment to the post of Assistant Teacher in Primary School under the District Primary School Council, Malda. Such being the position, he submits that they have a common cause of action and as such the writ petition is maintainable in its present form.