Case Note & Summary
The Full Bench of the Bombay High Court at Nagpur was constituted to resolve a conflict of opinion between two Division Bench decisions: Saroj Iyer v. Maharashtra Medical Council (2002) and Dr. Megha Topale v. Navi Mumbai Municipal Corporation (2014). The reference arose from a writ petition (WP No. 999/2018) filed by Dr. Parthsarthi Shukla against the Maharashtra Medical Council and another. The learned Single Judge, while disposing of the writ petition on 22.01.2020, noted the conflict and referred the matter to a Full Bench under Chapter-I, Rule 8 of the Bombay High Court Appellate Side Rules, 1960. However, by the time the Full Bench took up the reference on 11.12.2020, the writ petition had already been disposed of. The Full Bench framed two questions: (i) whether a reference can be made when the cause is not live, i.e., for academic purposes; and (ii) what is the exact difference of opinion between the two decisions. After hearing counsel, the Full Bench held that since the underlying cause was no longer in existence, answering the reference would be an academic exercise. The court declined to answer the reference, observing that the issue was not maintainable. The Full Bench did not delve into the merits of the conflict.
Headnote
A) Constitutional Law - Reference to Larger Bench - Maintainability - Academic Issue - When the underlying writ petition has been disposed of and the cause is no longer live, a reference to a larger bench to resolve a conflict of opinion is not maintainable as it would be an academic exercise. The court declined to answer the reference. (Paras 1-3)
Issue of Consideration
Whether a larger bench can answer a reference on a question of law when the underlying cause is not live or in existence, i.e., for academic purposes only.
Final Decision
The Full Bench declined to answer the reference, holding that since the underlying writ petition was already disposed of and the cause was not live, answering the reference would be an academic exercise. The reference was not maintainable.
Law Points
- Reference to larger bench
- maintainability
- academic issue
- live cause
- conflict of opinion
Case Details
2021 LawText (BOM) (01) 101
Writ Petition No. 999/2018
V. M. Deshpande, Pushpa V. Ganediwala, Anil S. Kilor
Mr. F. T. Mirza for petitioner, Mr. V. P. Panpalia for respondent no.1, Mr. R. L. Khapre (Senior Advocate) Assisting The Court, Mr. A. A. Naik (Advocate) Assisting The Court
Dr. Parthsarthi S/o Mukund Shukla
The Maharashtra Medical Council, Mumbai through its Registrar, and Smt. Laxmi Harish Chutlani
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Nature of Litigation
Writ petition against Maharashtra Medical Council; reference to Full Bench on conflict of opinion.
Remedy Sought
Resolution of conflict of opinion between two Division Bench decisions.
Filing Reason
Learned Single Judge found conflict in Saroj Iyer and Dr. Megha Topale and referred to Full Bench.
Previous Decisions
Writ Petition No. 999/2018 was disposed of by learned Single Judge on 22.01.2020, permitting respondent no.1 to withdraw notice dated 01.09.2012.
Issues
Whether a larger bench can answer a reference on a question of law when the underlying cause is not live or in existence, i.e., for academic purposes only.
Submissions/Arguments
Not mentioned in the provided text.
Ratio Decidendi
A reference to a larger bench is not maintainable when the underlying cause is no longer live, as answering it would be an academic exercise. Courts should not decide hypothetical questions.
Judgment Excerpts
Whether there could be a reference by the Court when the cause is not live or not in existence or, in other words, whether the Larger Bench can answer the issue for academic purpose?
This writ petition is placed before Full Bench in view of the reference made by the learned Single Judge of this Court on 22.01.2020.
Procedural History
Writ Petition No. 999/2018 was filed by Dr. Parthsarthi Shukla. On 22.01.2020, the learned Single Judge disposed of the petition but referred the matter to a Full Bench due to conflict of opinion in Saroj Iyer and Dr. Megha Topale. The Full Bench was constituted and heard on 11.12.2020. Judgment pronounced on 21.01.2021.
Acts & Sections
- Bombay High Court Appellate Side Rules, 1960: Chapter-I, Rule 8
