- (1.) In the first" round, when these matters came up for hearing before this Court, this Court, having regard to the fact situation and dealing with the legal contentions, disposed of the matters in terms of para 22 of the judgment in Shyam Nandan Prasad V/s. State of Bihar. Para 22 of the said judgment reads thus: (SCC p. 269) "22. Having thus clarified the law governing the field, we would open doors for streams of equities and discretions to enter in the exercise of power by the High Court under Art. 226 of the Constitution. As observed earlier, we are of the view that the High Court should not have upset the notification u/s. 6 of the Act as a whole and should have individualised justice vis-a-vis each writ petitioner before it, having regard to the equities interplaying in each case and to the regulation of its discretion keeping in view host of other factors which weigh with the High Court to deny, grant or mould relief even when illegalities in procedure keep staring. Thus for the view afore expressed, we allow these appeals, set aside the impugned orders of the High Court and remit all these matters back to it with the request that though it may take them up as a batch, it may give individual attention to each case, view the illegalities pointed out by the writ petitioner in their right perspective having regard to the time factor and confine the relief, if due, to him separately. We shall not be taken to have controlled the discretion of the High Court in administering individualised justice and amongst others it may, with the cooperation of the Society and of the State Government, as also the writ petitioners examine the possibility of an equitable solution so that the fist of law and the discretion of the court do not hurt unbearably. We thus remit the matters to the High Court without any order as to costs."
(2.) When the matters went back to the High Court, the High Court passed the impugned judgment in the light of para 22 of the aforementioned judgment. The parties, not being satisfied with the impugned judgment, are before us in these appeals.
(3.) We have heard learned counsel for the parties at length.;