1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.336/2010 1. Miss Deepali Zilu Naik, 30 years of age, r/o. H.No.195-3, near Kasturba Matoshri High School, Jose Falcao Road, Panaji, Goa. 2. Ms. Seema Tukaram Shirodkar, 29 years of age, H.no.547/1/A, “Rukmini Niwas” Near Pragati High School, Verem, Betim, Bardez, Goa. 3. Miss Nilima Shrikant Kankonkar, 30 years of age, r/o. H.no.455, P.O. Santacruz, Voilem Bhat, Merces, Goa. 4. Miss Durga Dwarkanath Kinlekar, 31 years of age, r/o. H.no.73, Askawada, Mandre, Pernem, Goa. 5. Miss Suman Chandrakant Gad, 28 years of age, r/o. H.no.151, Lobowaddo, Tivim, Bardez, Goa. 6. Miss Vrunda G. Kubal, 29 years of age, r/o. H.no.21, Bandirwaddo, Chapora, Bardez, Goa. 7. Mr. Gajanan Atmaram Sawant, 30 years of age, r/o. H.no.483, Danua, Tivim, Bardez, Goa. 8. Mr. Harshal Vijay Ghate, 29 years of age, r/o. H.No.217, 2 Ramnagar, Betim, Bardez, Goa. 9. Mr. Siddharth Shankanath Madgaonkar, 31 years of age, r/o. H.no.86/97, Bastora Xell, Mapusa, Bardez, Goa. 10. Miss Dipti Gopal Amonkar, 26 years of age, r/o. H.No.82/66, Chopalvaddo, near Gopal Krishna Temple, P.O. Tivim, Sirsaim, Bardez, Goa. 11. Nishigandha Nishikant Shet, C-101, Dhanalaxmi Nagar Bhatlem, Panaji, Goa. ......... Petitioners. Versus. 1. The High Court of Bombay, through the Registrar General, with his office at Fort-Mumbai, 2. The Registrar, High Court of Bombay at Goa, with his office at Altinho, Panaji, Goa. 3. State of Goa, through the Secretary Law & Judiciary, with his office at Porvorim, Bardez, Goa. ........... Respondents. Mr. S. D. Lotlikar, Senior Advocate with Ms. Nilima Kankonkar, Advocate for the petitioners. The Registrar, Respondent No.2 in person and on behalf of respondent 3 No.1. Ms. S. Linhares, Addl. Govt. Advocate for respondent No.3. CORAM :- S.J. VAZIFDAR & U.D. SALVI, JJ. Date : 23rd April, 2010. ORAL JUDGMENT : (Per S.J. VAZIFDAR, J.) Rule. Rule is made returnable and heard forthwith. 2. We had informed the learned Counsel appearing in the matter yesterday and today that one of us (U.D. Salvi, J.) was a party to the decision making process impugned in this Writ Petition. The learned Counsel, however, requested us to hear the matter despite the same, invoking the doctrine of necessity, in view of the fact that a Bench of two Judges cannot be constituted in Goa as two Judges, out of the three Judges in Goa, were parties to the decision making process. They further stated that in view of the urgency in the matter, it would not be possible for the petitioners to make an application for constituting another Bench in Mumbai. We, accordingly, with the consent of the parties, proceeded to hear the matter. 4 3. Respondent No.2, the Registrar of the High Court of Bombay at Goa has filed a pursis, on behalf of the High Court, which reads as under : “It is respectfully submitted that in case Your Lordships are inclined to allow more candidates to appear for examination and if so ordered by the Hon'ble Court examination be postponed to the next falling Sunday i.e. 2nd May, 2010 and it be subject to production of language certificate by each of the candidates in terms of advertisement before answering the examination”. The pursis is taken on record and marked “X”. 4. The learned Registrar, however, stated that further instructions have also been received by her to the effect that the High Court has no objection to the petitioners and the other similarly placed candidates appearing for the examination and that their papers will be evaluated and applications shall be considered provided they produce the necessary language certificates, in terms of the advertisement, by or at the time of viva voce. 5 The entire grievance of the petitioners, thus, stands redressed. It is not necessary, at this stage, for us to construe the certificates already furnished. 5. The petition is, accordingly, disposed of in terms of the following order : (A) The examination stands postponed to and shall now be held on 2nd May, 2010 at 11 a.m. at the venue that will be intimated to the candidates; (B) The petitioners and the other similarly placed candidates shall be entitled to appear for the examination and their applications shall be considered, provided they produce the certificates in accordance with the said advertisement, by or at the time of viva voce. (C) Respondent Nos.1 and 2 shall inform all the candidates about the above order by placing the same on the Official website of the High Court of Bombay at Goa, pasting a notice to that effect on the Notice Board of the High Court of Bombay at Goa, informing the candidates through messenger and by personal service. All parties are directed to act on the basis of the duly 6 authenticated copies of this order. S.J. VAZIFDAR, J. U.D. SALVI, J. ssm.