- (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: a) A writ of or in the nature of Mandamus do issue commanding the Respondents, their agents and servants particularly the District Primary School Council, Malda, being Respondent Nos. 4 and 5 to rescind, cancel and withdraw the entire selection process for the post of Primary School Teacher under the jurisdiction of Malda District Primary School Council forthwith. b) A writ of or in the nature of Certiorari do issue calling upon the Respondents and each of them to certify and transmit to this Court the original records of the case before this Hon'ble Court so that conscionable justice may be rendered to the Petitioner by passing an appropriate order. c) A writ of or in the nature of Prohibition do issue prohibiting upon the Respondents and each of them either by themselves or through their men, agents, assigns, subordinates from exercising further not warranted under the statute.
(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.;