IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14167 of 2023 ====================================================== 1. Jyoti Prakash, Son of Late H. K. Sahay, Resident of 1-144, A. G. Colony, P.S.- Shastrinagar, District- Patna. 2. Jawahar Prasad Singh, Son of late Kedar Narayan Singh, Resident of Village- Bhasti, P.S.-Sonbarsa, District- Saharsa. 3. Krishan Bihari, son of Late Rajeshwar Prasad, resident of house No.23, Kailash Enclave, Sheopuri, Police Station-Shastri Nagar, District-Patna. ... ... Petitioner/s Versus 1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna- 800001. 2. The Chief Secretary, State of Bihar, Old Secretariat, Patna-800001. 3. The Department of Law through its Secretary -Cum- Legal Remembrance, Government of Bihar, Patna-800001. 4. The Secretary -Cum- Legal Remembrance, Department of Law, Government of Bihar, Patna- 800001. 5. The Department of Finance through its Principal Secretary, Government of Bihar, Patna-800001. 6. The Principal Secretary, Department of Finance, Government of Bihar, Patna-800001. 7. The Patna High Court through its Registrar General, Bihar, Patna-800004. 8. The Registrar General, Patna High Court, Patna- 800004. 9. The Patna High Court Mediation Committee, through its Convener, Patna High Court, Patna- 800004. 10. The Convener, Patna High Court Mediation Committee, Patna High Court, Patna-800004 11. The Patna High Court Mediation Center, through its In-charge Coordinator, Patna High Court, Patna- 800004 12. The In-charge Coordinator, Patna High Court Mediation Committee, Patna High Court, Patna- 800004. 13. The Patna High Court Legal Services Committee, through its Secretary, Patna High Court, Patna- 800004. 14. The Secretary, Patna High Court Legal Services Committee, Patna High Court, Patna-800004. 15. The Bihar State Legal Services Authority, through its Member Secretary, Budha Marg, Opposite Patna Museum, Patna-800004. 16. The Member Secretary, Bihar State Legal Service Authority, Budha Marg, Opposite Patna Museum, Patna-800004. 17. The Union of India through its Secretary, Law and Justice, New Delhi. Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 2/15 18. The Secretary, Law and Justice, New Delhi. 19. The National Legal Service Authorities through its Member Secretary, 12/11, Jamnagar House, Shahjahan Road, New Delhi-110011. 20. The Member Secretary, National Legal Service Authorities, 12/11, Jamnagar House, Shahjahan Road, New Delhi-110011. 21. The Supreme Court of India through its Registrar General, Tilak Marg, Mandi House, New Delhi, Delhi 110201. 22. The Registrar General, Supreme Court of India, Tilak Marg, Mandi House, New Delhi, Delhi 110201. 23. The Mediation and Conciliation Committee, through its Member Secretary, Supreme Court of India, Tilak Marg, Mandi House, New Delhi, Delhi 110201. 24. The Member Secretary, Mediation and Conciliation Committee, Supreme Court of India, Tilak Marg, Mandi House, New Delhi, Delhi 110201. 25. Prashant Kumar, son of Indrasen Kumar, Resident of 102, Om Sai Enclave, Road No.- 2A, P.O.- Keshari Nagar, P.S.- Pataliputra, District- Patna, Bihar. Email-prasantphc@gmail.com 26. Chandra Mohan Jha, son late Shambhu Nath Jha, Flat No.- 203, Raj Kumari Villa, Sankat Mochan Path, Sakat Vihar, Anishabad, Patna. Email- cmjha.29080@gmail.com 27. Archana Sinha @ Shashi, wife of Alok Kumar Shahi, Geeta Sadan, Park Road, P.S.- Kadam Kuan, Patna, Bihar. Email archanasinhashashi@gmail.com 28. Prashant Sinha, son of Shailendra Kumar Sinha, Resident of Avkash Road No.- 15, P.O.- Karseri Nagar, P.S.- Rajiv Nagar, District- Patna, Bihar. Email-prasantsinha1976@gmail.com 29. Anisur Rahman, son of late Gulam Bari, Resident of Muradpur Masjid, P.O.- Bankipur, P.S.- Pirbahore, District- Patna, Bihar. Email- anisurrahman1234321@gmail.com 30. Uday Kumar, son of Late Janeshwar Singh, Sheikhpura Near Goriya Asthan, P.O.- BV College, Patna- 14, Bihar. Email- uday01146@gmail.com 31. Gaurav Govind, son of Late Surya Narayan Kishore, The Bharti Press Building, Mihtapur, P.O.- G.P.O, P.S.- Jakkanpur District- Patna, 01 Bihar. Email-gauravgovind11@gamil.com 32. Jitendra Acharya, son of Late Raj Kumar Acharya, Resident of House No.- CA/16. P.C. Colony- P.O.- Lohia Nagar P.S.- Kankarbagh, District-Patna- 20, Bihar. Email- jitendraacharya.advhc@gmail.com 33. Saket Tiwary, son of Nandi Pati Tiwary, Resident of House No.- CH-15, Road No.- 2, Sri Krishna Nagar, Patna- 01, Bihar. Email- tiwarysaket@gmail.com 34. Hemant Kumar Srivastav, son of Late Badri Narayan Srivastav, Resident of Tej Pratap Nagar, Santivihar P.O.-Anisabad, Beaure, Patna, Bihar. Email- hemantkumarsrivastavlaw@gmail.com 35. Kumar Vikram, son of Rameshwar Prasad Singh, Resident of Shashi Kunj, Adjacent B.D. Public School, Buddha Colony, Patna- 01, Bihar. Email- Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 3/15 kumarvikramadv@gmail.com 36. Shatrughana Pandey, son of Late Sheo Kumar Pandey, Resident of Road No.-1, Adarsh Colony, Khemni Chak, Near of P.C.S, Patna, Bihar. Email- shatrughanapandey123@gmail.com 37. Ashutosh Singh, son of Tej Narayan Singh, Resident of Jagat Narayan Road, P.O.-KadamKuan, P.S.- Kadam Kuan, District-Patna- 03, Bihar. Email- lawyerashutoshsingh@gmail.com 38. Vevekanand Singh, son of Ram Ekbal Singh, Resident of Dhanraj Tower, 302, Khagaul Road, Nageswari Nagar Danapur, Patna, Bihar. Email vevekanandsinghadvocate@gmail.com 39. Kuber Pathak, son of Ram Nath Pathak, Resident of House No.- 3/1A, Shivpuri, Patna 23, Bihar. Email- kuberpathakadv@gmail.com 40. Dhirendra Kumar, son of Sachidanand Singh, Resident of Radhika Kunj, Saketpuri, Bahadurpur, Rajendra Nagar, Patna- 16, Bihar. Email- dhirendramunna@rediffmail.com 41. Shashi Priya Pathak, wife of Ambrish Kumar Jha, Resident of B-24, Phase- II, R.D Tower, East Nehru Nagar, Patna- 13, Bihar. Email- pathakshashipriya@gmail.com 42. Sanjeev Verma, son of Late Ashok Kumar Verma, Resident of Van Vihar Colony, Ashiyana Nagar, District- Patna. Email- lawsmaritan@yahoo.com 43. Vasant Vikas, son of Surendra Prasad Srivastav, Resident of Sri Nagar, Main Road, AG Colony, Board Colony, District- Patna Email-vasant vikas@yahoo.com 44. Shubesh Pandey, son of Late P.N. Pandey, Resident of Sahdeo Path, Patel Nagar, Patna- 23. Email- advocateshubesh@gmail.com 45. Dharmendra Kumar Paswan, son of Late Ramprit Paswan, Resident of Bari Isshupur, P.O.- Hazipur, P.S.- Industrial, District- Vaishali, Bihar Email- dharmendrakumarpaswan443@gmail.com 46. Md. Obaidullah, son of Haider Ali, Resident of Road No.- 15, P.O.- Haroon Nagar-2, P.S.- Phulwarisharif, District- Patna, Bihar, Email- obaidbanty@gmail.com 47. Abhitabh Kumar, son of Late Surendra Pathak, Resident of B- 170, P.C. Colony, Kankarbagh, Patna- 20, Bihar. Email- abhitabhak56@gmail.com 48. Satyendra Rai, son of Late Keshwar Rai, Resident of Shaktipuram Colony, P.S.- Rajiv Nagar, Patna, Bihar. Email- advsatyendrarai@gmail.com 49. Alka Verma, Daughter of Chandra Deo Prasad, Resident of 106, Jaishree Complex, Nageshwar Colony, Boring Road, P.O.- Boring Road, P.S.- Budha Colony, District-Patna, Bihar. Email alkavermamans@gmail.com 50. Shashi Ranjan, son of Late Girjanand Prasad Azad, Resident of RP Khatri Path, Gurhatta, Haman, P.O.-Patna City, P.S.- Khajkala, District- Patna, Bihar. Email-shashiranian71@gmail.com 51. Murlidhar Mishra, son of Late Anant Lal Mishra, Resident of Sahdeo Path, Patel Nagar, Patna- 23, Bihar. Email advocatemurlidhar@gmail.com 52. Pankaj Kumar Sinha, son of Basudeo Chandra Sinha, Resident of Prof. B C Sinha, village- Kashipur, P.O.- Kashipur, P.S.- Samastipur, District- Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 4/15 Samastipur, Bihar. Email-pankajsinhaadv@rediffmail.com 53. Amaresh, son of Late Ram Naresh Prasad Sinha, Resident of 7HF1/2 B N Colony, Bahadurpur, P.O.- Bahadurpur, District- Patna- 26, Bihar. Email- amareshadvphc@gmail.com 54. Lakmesh Marvind, son of Late Dindyal Prasad, Resident of Diwam Mohalla, Nauzarghat Lane, Patna- 08, Bihar. Email- lakmeshmarvind@gmail.com 55. Harendra Prasad, son of Late Bhagwat Prasad, Resident of Vishawnbharpur, P.S.- Vishawmbharpur, District- Gopalganj, Bihar Email- harendraprasad805@gmail.com 56. Kumar Gangesh Gunjan, son of Sachidanand Sinha, Resident of 202 Lap Tower, Biscoman Colony, Near Pyare Lal Ka Bagh, Patna, Bihar Email- kgangeshgunjan@gmail.com 57. Kundan Kumar, son of Surya Narayan Mahto, Resident of Flat No.- 303, Ramdev Residency, Sarvoday Nagar, East Gola Road, Danapur, Patna- 03, Bihar. Email kundanmadan@gmail.com 58. Nutan Sahay, wife of Ravi Nandan Sahay, Resident House No.- 14, Ashiyana Nagar, Digha Road, Patna- 14, Bihar. Email- nutansahay19@gmail.com 59. Nafisuzzoha, son of Md. Irfannuz Zoha, Resident of G- 4B, Arman Apartment, M.R Colony, P.O.- Phulwarisharif, P.S.- Phulwarisharif, District- Patna, Bihar. Email-advocatenzhcpatna@gmail.com 60. Bajrangi Lal, son of Moti Lal, Resident of Pavitra Apartment, D.V.C Road, New Yarpur, Gardanibagh, Road No.- 1, Patna- 01, Bihar. Email- blaladv@gmail.com 61. Arun Kumar, son of Ramanadan Singh, PIT Colony, L1/24, P.O.- Lohiya Nagar, Kankarbag Patna- 20, Bihar. Email- arunadvocate2016@gmail.com 62. Sanjay Kumar, son of Suredra Prasad Yadav, Resident of Krishna Nagar, Naya Tola, Saguna More, District- Patna- 03, Bihar. Email-sanjay kumaradv79@gmail.com 63. Ranjan Kumar Sinha, son of Late Kishor Prasad, Flat No.- 203, Ramrati Manson, Saguna More-Near Keshav Hospital, Patna, Bihar. Email- ranjankrs2@gmail.com 64. Ravi Bhaushan Prasad Sinha, son of Chandra Bhusan Prasad, Resident of Flat LIG- 68, Kankarbag- 20, Patna, Bihar. Email- ravibhushanadvocate@gmail.com 65. Arun Srivatava, son of Late Guru Chandra Srivatava, Resident of G-73, People Cooperative Colony, Kankarbag, Patna- 20, Bihar. Emial- arun.srivatava651@gmail.com 66. Birendra Narayan Sharma, son of Satya Narayan Sharma, Resident of Mithapur, Khaugal Road, East of Yarpur Over Bridge, P.O.- GPO, Patna- 01, Bihar. Email- birendranarayanshanma2015@gmail.com 67. Nand Kishore Prasad Sinha, son of Late Kamta Prasad, Ramanand Apartment, Flat No.- 304, Budha Colony, Patna, Bihar. Email- nandkishoresinha8@gmail.com Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 5/15 68. Arbind Nath Pandey, son of Late Tripti Nath Pandey, Resident of Flat No.- 202, Anpurna Bihar Appartment, Ved Nagar, Bailey Road, Patna- 14, Bihar. Email-arpandey777@gmail.com 69. Binay Kumar, son of Shyamta Prasad Sharma, Resident of Mitra Mandal Colony, Sector-D, Anishabad, Patna- 2, Bihar. Email advocatebk.scp@gmail.com 70. Pushpa Sinha, D/o- Ramjeevamn Prasad, Resident of Flat No.- 2, Sangeeta Laxmi Apartment, Rai Ram Path, Nehru Nagar, Patna. Email- sinhapushpa44@gmail.com 71. Alok Kumar, Son of Dinesh Naraian, Resident of Madhu Satya, 4 Sundar Bhawan, Kannulal Road, Mithapur, Patna. Email- akokphc@gmail.com 72. Manoj Kumar, son of Late Manohar Sah, Resident of A/18, Surbhi Gali, New Jakkanpur, Mithapur, Patna. Email- Kumarmanoj3422@gmail.com 73. Binod Bihari Sinha, son of Late Surendera Nath Sinha, Resident of Flat No.- 101, Magestic Laxmi Apartment, Road No.- 3 Ashok Nagar, Patna. Email- b.sinha@yahoo.com 74. Amrendera Narayan, son of Late Laxmi Narayan Das, Resident of Rajendera Nagar, Road no.- 182, Crossing, Patna- 03. Email- adv.narayan@gmail.com 75. Ajay Nandan Sahay, son of late Bechanji @ Sambhunath Sahay, Resident of house of Mr. Raju Yadav, Gali No.- 3, Lalji Tola, Patna. Email-ajay Sahay 619@ gmail.com 76. Renu Jha, D/o- Ramakant Chaudhary, Resident of Lal Bahadur Sastri Nagar, Patna- 20 Email- renujha204@gmail.com 77. Mr. Ravi Shankar Sahay, Son of late Jaggata Nand Sahay, Resident of Kesri Nagar, Near Baba Chauk, Patel Nagar, Patna. Email- rsahay812@gmail.com 78. Sanjay Kumar Singh, Son of late Rajeswar Prasad Singh, Resident of House No.- 51, Road No.- 9c, Rajiv Nagar, Patna. Email- drsanjaykumarsingh702@gmail.com 79. Shaheen Begum, Late Hashanuddin Haider, Resident of Chirayartard, Near High school Gali More, Patna. Email-advoshaheen@gmail.com 80. Arun Kumar Singh, Son of late Daroga Singh, Resident of Ranjan path, Lane no.- 03, Opposite Bailey Road, Danapur Cant, Patna. Email arunkumarsingh01306@gmail.com 81. Ratnesh Kumar Singh, Son of Late Shyam Bihari Singh, Resident of Prashya Sadan, Riding Road, Sheikhpura, Patna. Email- Ratnesh.ratan@gmail.com 82. Anil Kumar Roy, Son of Sri Ramesh Chandra Roy, Resident of Opposite of pillar No.- 39, Raja Bazar, Bailey Road, P.P- BVC, Patna- 14. Email- anilroy110@gmail.com 83. Binay Kumar Singh (Retd.PJ) son of Jatan Singh, Resident of New Gandak Pool Road, Narayan Nagar, Hazipur, Vaishali, Bihar, 844101. Email- binaykumarsingh261@gmail.com ... ... Respondent/s ====================================================== Appearance : Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 6/15 For the Petitioner/s : Mr. Ratnesh Kumar Singh, Advocate For the Respondent/s : Mr. P. K. Shahi, Advocate General Mr. Vikash Kumar, AC to AG For the Patna High Court : Mr. Piyush Lall, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR CAV JUDGMENT (Per: HONOURABLE MR. JUSTICE HARISH KUMAR) Date : 13-03-2026 We have heard the learned Advocate for the respective parties. 2. The writ petitioners before this Court are practicing Advocates and Mediator duly trained in the Patna High Court, Patna, have challenged the validity of the Bihar Civil Procedure (Mediation) (Amendment) Rule, 2019, which is said to have been enacted without legislative jurisdiction and contrary to the scheme and object of mediation formulated by the order of the Hon’ble Supreme Court. Direction has also been sought for payment of arrears of fee and its enhancement, implementation mediation schemes in its true spirit, restructuring of the Mediation committee, creating of financial head for mediation center and change of administrative setup of the Patna High Court Mediation Center for its betterment management. 3. Without delving into the merit of the case, it would be pertinent to take note of the fact that earlier when the matter was taken up on 06.12.2023, the learned Advocate General Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 7/15 raised an objection that the new mediators, who were duly appointed have not been impleaded and the writ petition may affect their rights also, in such circumstance, this Court had directed to implead them within a period of four weeks. 4. In pursuance thereof, the petitioner filed an application on 13.01.2024 to implead the persons, who have been newly appointed, however, it was submitted that that the petitioners claim no relief against the said persons. This Court after hearing the learned Advocate for the petitioners categorically observed that the attempt of the writ petitioners seems to be to wriggle out of the responsibility of taking out notice to all the other respondents and accordingly did not accept the statement of the learned Counsel that the petitioners do not claim any relief against the newly appointed mediators. It was made clear that if the rule challenged is set aside, necessarily their appointment would be in peril and in such circumstance, they have to be heard since serious prejudice will be caused to them. Thus, in the aforesaid premise, the petitioners were directed that they ensure that the petition for impleadment is filed properly. 5. In deference to the order of this Court, an interlocutory application, bearing I.A. No. 3 of 2024 has been Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 8/15 filed for amendment of the writ petition, as also incorporating the subsequent development and adding the necessary party, as respondents, accordingly vide order dated 23.01.2024 considering the averments made in the interlocutory application, the same was allowed and notices were issued to the newly added respondents under both process, i.e., ordinary as well as registered post with A.D., for which necessary requisites were directed to be filed within a period of two weeks. 6. During the pendency of the present writ petition, one more interlocutory application, bearing I.A. No. 4 of 2024 came to be filed seeking modification of the order dated 23.01.2024, whereby this Court has been pleased to allow the amendment for impleading the parties and had issued notices. This Court has also been informed that during the pendency of the writ petition, 36 Mediators, including the petitioners were removed from the Mediators panel of the Patna High Court after enactment of Mediation Act on 15.09.2023. Further 40 Advocates were appointed and trained as Mediators and 20 Mediators were retained after approval of the Hon’ble Chief Justice on recommendation of the Patna High Court Mediation Centre, Patna. The action of the Patna High Court Mediation Centre, Patna is said to be wholly without jurisdiction, illegal, Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 9/15 void and ab-initio. It is further submitted that issuance of notices by both process would entail heavy cost upon the petitioners and thus prayer has been made to modify the order dated 23.01.2024 and allow the petitioners to serve the notices through Dasti Summons. The Court, however, dismissed I.A. No. 4 of 2024 vide order dated 27.02.2024 and directed the petitioners to take steps for fresh service of notice upon newly added respondents, failing which the present writ petition shall stand rejected against the newly added respondents. 7. Despite the orders having been passed by this Court, the requisites have not been filed for service of notices upon the newly added respondents till date and when this matter was taken up on 24.02.2026, Mr. Ratnesh Kumar Singh, learned Advocate referring to the earlier order dated 27.02.2024 has submitted that the writ petition only stood dismissed against the newly added respondents and still surviving against the remaining respondents i.e. respondent nos. 1 to 24. It is vehemently contended that since the writ petition is filed challenging the validity of the Bihar Civil Procedure (Mediation) (Amendment) Rule, 2019, (hereinafter referred to as ‘the Rule, 2019’), hence the matter is required to be heard and decided on merit, even if the writ petition has been Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 10/15 dismissed against the newly added respondent nos. 25 to 83. 8. Mr. Piyus Lall, learned Advocate for respondent nos. 7 to 16 has submitted that not only the petitioners in defiance of the repeated orders of this Court have failed to deposit the requisites for issuance of notices upon the newly added respondents, the petitioners have also sought an additional relief by filing an interlocutory application, bearing I.A. No. 2 of 2023 in the present writ petition seeking a direction from this Court to call for the decision and recommendations of the Patna High Court Mediation Committee, Patna and quash the same upon its production, besides seeking quashing of Memo No. 1530-53 dated 11.10.2023 issued under the signature of the Registrar-cum- Coordinator, Patna High Court Mediation Centre wherein on the basis of the recommendation of the Patna High Court Mediation Committee, the Hon’ble Chief Justice has been pleased to approve the list of 20 existing Mediators of the Patna High Court Mediation Centre for renewal of their tenure for a further period of three years in terms of Rule 4 of the Rule, 2019. The petitioners also sought quashing of the Office Order dated 11.10.2023 wherein on the basis of the aforenoted recommendation, the Hon’ble Chief Justice has been pleased to Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 11/15 approve the names of 40 learned Advocates for their empanelment as Mediator in the Patna High Court Mediation Centre for the period of three years. 9. Taking this Court through the prayer made in the interlocutory application, noted hereinabove, he thus submitted that at one hand the petitioners are challenging the approval of the names of the learned Advocates for their empanelment as Mediator in the Patna High Court Mediation Centre, on the other hand they have knowingly not deposited the requisites for service of notice upon them, hence the continuation of the writ proceeding without making the necessary persons, as party respondents, are wholly bad and illegal. 10. 10. After careful consideration of the submissions led by the learned Advocates for the respective parties, the primal question posed before this Court is as to whether in absence of necessary parties, the High Court ought to decide the writ petition, who would be vitally affected by its judgment. 11. It is well settled in law that no adverse order can be passed against a person, who was not made party to the litigation. The Hon’ble Supreme Court while answering the similar contention raised by the appellant in the case of Ranjan Kumar & Ors. Vs. The State of Bihar & Ors., reported in Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 12/15 (2014) 16 SCC 187 noticed the fact that the appellants were not impleaded as respondents before the High Court and without taking note of the said aspect, the High Court has invalidated the selection and nullified their appointments which is violative of the principles of natural justice, has been pleased to hold that all the appointees were not impleaded, the writ petition was defective and hence, no relief could have been granted to the writ petitioners. 12. It would be worth benefiting here to refer to paragraph no.28 of the judgment of Prabodh Verma and Others Vs. State of Uttar Pradesh and Others, reported in (1984) 4 SCC 251 wherein the three-Judges Bench of the Hon’ble Supreme Court has taken note of the previous rulings passed in different cases and re-affirmed and reiterated the settled principle that a High Court ought not to decide a writ petition under Article 226 of the Constitution without the persons who would be vitally affected by its judgment being before it as respondents or at least by some of them being before it as respondents in a representative capacity if their number is too large. “28. The real question before us, therefore, is the correctness of the decision of the High Court in the Sangh case [1979 All LJ 178]. Before we address Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 13/15 ourselves to this question, we would like to point out that the writ petition filed by the Sangh suffered from two serious, though not incurable, defects. The first defect was that of non-joinder of necessary parties. The only respondents to the Sangh's petition were the State of Uttar Pradesh and its concerned officers. Those who were vitally concerned, namely, the reserve pool teachers, were not made parties — not even by joining some of them in a representative capacity, considering that their number was too large for all of them to be joined individually as respondents. The matter, therefore, came to be decided in their absence. A High Court ought not to decide a writ petition under Article 226 of the Constitution without the persons who would be vitally affected by its judgment being before it as respondents or at least by some of them being before it as respondents in a representative capacity if their number is too large, and, therefore, the Allahabad High Court ought not to have proceeded to hear and dispose of the Sangh's writ petition without insisting upon the reserve pool teachers being made respondents to that writ petition, or at least some of them being made respondents in a representative capacity, and had the petitioners refused to do so, ought to have dismissed that petition for non-joinder of necessary parties.” 13. Having considered the enunciation of the law, as Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 14/15 referred hereinabove, as also the prayer made by the writ petitioners in I.A. No. 02 of 2023 seeking quashing of Memo No. 1530-53 dated 11.10.2023 whereby 20 existing Mediators of the Patna High Court Mediation Centre for their renewal has been approved by the Hon’ble Chief Justice of Patna High Court based upon the recommendation of the Patna High Court Mediation Committee and further approval has also been made to the names of 40 learned Advocates for their empanelment as Mediator in the Patna High Court Mediation Centre in terms with the prescription of the amended Rule, 2019, this Court prima facie found that the learned Advocates, whose names were approved for their empanelment are necessary parties and any order passed in the present writ petition would certainly vitally affect them. 14. In the aforesaid premises, this Court had already rejected the contention of the learned Advocate for the petitioners that no relief has been sought for against the newly appointed Mediators and thus directed to implead the necessary persons as party respondents and accordingly in pursuance thereof the petitioners have also taken steps to implead them as party respondents, but failed to deposit the requisites for service of notices upon them in defiance with the order of this Court. Patna High Court CWJC No.14167 of 2023 dt. 13-03-2026 15/15 Hence, this Court is of the opinion that further continuation of the writ petition is wholly bad and illegal on both counts, as discussed hereinabove. 15. Accordingly, the writ petition stands dismissed. uday/- (Harish Kumar, J) Sangam Kumar Sahoo, CJ: I agree (Sangam Kumar Sahoo, CJ) AFR/NAFR NAFR CAV DATE 24.02.2026 Uploading Date 13.03.2026 Transmission Date NA