RAJENDRA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall also govern the disposal of W.P. Nos. 1440/2002, 1581/2002, 1627/2002, 1628/2002, 1629/2002, 1630/2002, 1631/2002, 1632/2002, 1633/2002, 1634/2002, 1635/2002, 1636/2002, 1637/2002, 1638/2002, 1639/2002, 1799/2002 and 1898/2002, as common question of facts and law are involved in these writ petitions. For the sake of convenience, the facts of the above writ petition may be noticed.

(2.) THE Respondent No. 3 is a Central Co-operative Bank. There are about 71 Primary Agriculture Credit Co-operative societies which are functioning under the control of branches of Respondent No. 3. In the Primary Agriculture, Credit Co-operative Societies, there is a post known as Assistant Society Manager. A person holding the post of Assistant Society Manager can become the Bank cadre employee in terms of rule 24 of Madhya Pradesh Zila Sahkari Kendriya Bank Karmachari Seva (Niyojan, Nibandhan Tatha Unki Karya Isthiti) Niyam, 1982 (for short 'Rules of 1982'). These rules have been framed by Registrar, Co-operative Societies in exercise of powers conferred under section 55 of the M.P. Co-operative Societies Act, 1960.

(3.) ON 11.5.1999, the Registrar of Co-operative Societies issued an order amending rule 5 and rule 24 of the Rules of 1982. This amendment was made effective from the date of issuance of the order. In view of the amendment, a 50% quota was provided for the post of Assistant Society Manager working in Primary Agriculture Credit Co-operative Societies and 50% quota was provided for direct recruitment. For the Assistant Society Manager who were appointed on or before 27.5.1991, the minimum educational qualification was Higher Secondary instead of Graduation in Ilnd Division as was required earlier before the amendment was made by the Registrar, Co-operative Societies by order dated 11.5.1999 issued in exercise of powers conferred u/s. 55 (1) of the Co-operative Societies Act, 1960. In view of the amendment made in the rules, the writ petition filed by the then office-bearers of Respondent No. 4, was withdrawn. The Respondent No. 3 proceeded ahead with the recruitment on a total 50 posts of Assistant Society Managers for which total number of applications received by the Society was 810. This figure comprises of applications received from open market as well as departmental candidates i.e. Assistant Society Managers working under Primary Agriculture Credit Co-operative Societies under the control of Respondent No. 3 Bank. The written examination was held and on the basis of marks obtained by the candidates, merit list was drawn up by the Respondent No. 3 Bank for the purposes of issuing appointment orders on the post of Society Manager. The select list was published by the Respondent No. 3 Bank on 10.11.1999 which was followed by the appointment orders of the petitioners in this bunch of writ petition's.