M.S.Kazi vs Muslim Education Society & Ors

The Supreme Court upheld the Division Bench's dismissal of the Letters Patent Appeal, affirming that a Special Civil Application under Articles 226 and 227 of the Constitution is not maintainable if the court or tribunal whose order is challenged is not impleaded as a party. The Court referenced the precedent set in Gujarat State Road Transport Corporation Vs. Firoze M. Mogal, emphasizing the necessity of including the relevant tribunal in such proceedings. The appeal was dismissed as it did not cure the maintainability issue by later impleading the tribunal.