My Lord, Is a Tribunal, whose Order is challenged under Articles 226, 227 of The Constitution, a Necessary Party?
The issue has been considered in Jogendrasinhji, (2015) 9 SCC 1. The Judgment holds thus, the Tribunals, who in law are entitled to defend the Orders passed by them, are Necessary Parties and if they are not arrayed as Parties, the Writ Petition can be treated to be not maintainable or the Court may grant liberty to implead them as Parties in exercise of its discretion. There are Tribunals which are not at all required to defend their own Order, and in that case such Tribunals need not be arrayed as Parties. Thus, in essence, only when a Tribunal is required to defend its own Order, it is to be made a Party failing which the proceeding before the High Court would be regarded as not maintainable.
“The Gujarat Higher Secondary Education Tribunal constituted under The Gujarat Secondary Education Act 1972, is not required to defend its Orders when they are challenged before the High Court under Articles 226 and 227.”
– Hon’ble Justice Dr. D.Y. Chandrachud, M.S. Kazi v. Muslim Education Society, [Civil Appeal No. 11976 – 11977 of 2014].