ANIL KUMAR RATHOD Vs. THE STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH (AT: JABALPUR)
Anil Kumar Rathod
The State of Madhya Pradesh
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HEMANT GUPTA,J. -
(1.) The questions of fact and law involved in the present bunch of writ petitions are identical and therefore, they were heard analogously on 16.01.2018. However, for the sake of convenience of this order, the facts are taken from Writ Petition No.9716/2016 (District Cooperative Central Bank Employees and Officers Federation Chhindwara vs. State of M.P. and others ).
(2.) The challenge in the present petition being W.P. No.9716/2016 is to an order dated 6th April, 2016 passed by the Registrar, Cooperative Societies, Madhya Pradesh amending the Rules 3.3, 3.5, 6.2.4, 6.3.3., 6.5.4, 6.7.1, 7.2.3(2), 47.1.42, 48.1.1, 48.2.3, 49.5, 49.6, 52.6 and 74.2 of Madhya Pradesh District Cooperative Central Bank Employees (Terms of Employment and Working Conditions) Service Rules (for short "the Rules"). Such Rules were initially issued on 03.01.2014. Such order has been passed in exercise of the powers conferred under Section 55(1) of Madhya Pradesh Cooperative Societies Adhiniyam, 1960 (for short "the Act").
(3.) The specific challenge in the writ petition is to Rule 6.2.4 of the Rules pertaining to reservation extended to 1634 posts of Clerk/Computer Operator advertised by M.P. Rajya Sahkari Bank Maryadit, T.T. Nagar, Bhopal for filling such posts in 37 Districts of Madhya Pradesh. Rule 6.2.4 of the Rules, which is in Hindi language, on being translated into English read as under:-
6.2.4 The vacant posts meant The vacant posts meant for direct for direct recruitment can recruitment can be filled on be filled on acquiring the acquiring the eligibility criteria as eligibility criteria as per per Rules 6.3 and 6.2.1 of the Rules 6.3 and 6.2.1 of Service Rules and the reservation the Service Rules and the rules shall be as per M.P. Partly reservation rules shall be Reservation Act , 1994. The amended followed in case they are reservation for Female/ applied to the Bank. Handicapped/Ex-servicemen shall be according to the rules of Government of M.P. ;
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