Rajendra Babu, J. - (1.) The appellant-Bank invited applications for the posts of Junior Clerks/Junior Clerk-cum-Typist by means of an advertisement in "Indian Express" newspaper dated 24-5-93, in the then pay scales of Rs. 1450-2950, plus usual allowances. Similar advertisements were issued in two other daily newspapers also on 25-5-96. The last date was fixed for receipt of applications as 8-6-96. All these were done pursuant to the decision taken by the Board of Directors of the appellant-Bank. As many as 1565 applications were said to have been received and the private respondents who were writ petitioners before the High Court seem to be few among those applicants. The Board of Directors appears to have constituted a Committee to conduct the selections, consisting of (a) President of the appellant-Bank; (b) Managing Director of the appellant-Bank; (c) A Director of the appellant-Bank (Shri Harmohinder Singh); (d) A nominee of the Registrar of Co-operative Societies, Punjab and (a) General Manager of the Punjab State Co-operative Bank Ltd. (Shri Sohan Singh - nominated member from the State Government). During the period from 19-12-96 to 28-12-96, typing tests and interviews were said to have been conducted by the said Selection Committee, and a merit list was also stated to have been prepared, though signed by only three out of five members of the Committee and that the two who did not sign it were said to be (d) and (e) mentioned above.
(2.) While so, in the teeth of the announcement made on 30-12-96, for conduct of General Elections in the State for the Legislative Assembly, on 9-1-97 the Registrar of Co-operative Societies seem to have written to the appellant-Bank to freeze all appointments, followed by another letter dated 21-1-97 to all the Co-operative Banks in the State that recruitment process could be resumed only with the specific prior permission of the Registrar. After the general elections, it is stated that on 9-2-97 a new Government took over the reigns of administration in the State and in the place of erstwhile Congress Party Akali Dal appears to have become the ruling party. On 10-2-97 the Chief Secretary to the Government is stated to have communicated to the Registrar of Co-operative Societies and all other State Corporations that the Government had banned all recruitments/appointments/transfers, at all levels, until the election process is completed by the new Government taking over the charge. While so, the Manager of the appellant-Bank by a letter written on 21-2-97 to the Registrar of Co-operative Societies sought for permission to declare the results and make appointments. The Registrar, by his communication dated 3-4-97, wrote to all the Joint Registrars and Deputy Registrars of Co-operative Societies and Managers of all Co-operative Banks, in continuation of his earlier letter dated 21-1-97, that in some Co-operative Banks, the vacancies were not notified to the Employment Exchange and sufficient time was also found not given in calling for interviews resulting in number of deserving candidates being denied an opportunity to participate in the selection process and also could not appear for interview and consequently directed all Co-operative Banks to (a) notify to the concerned Employment Exchange in accordance with the instructions of the Government the vacancy position before making any recruitment; (b) give public notice/advertisement in newspaper for vacant posts for information of general public; (c) that even those banks which have already given advertisements in newspapers also give again advertisements in newspapers setting out the latest position of vacant posts, indicating at the same time that those who had already submitted their applications pursuant to the earlier advertisement need not apply again and (d) in order to maintain parity in the standard of test/interview for recruitment, a combined test/interview of old and fresh candidates be held again.
(3.) While matters stood thus, the private respondents herein (writ petitioners before the High Court) filed on 30-4-97 CWP No. 6056 of 97 for a writ petition for directing the appellant-Bank to declare the results of the selections made for the recruitment of junior clerks/junior clerks-cum-typists and further direct appointments to be made in terms of such results. The appellant-Bank filed their counter-affidavit contending that there was no obligation on the part of the Appointing Authority to give appointments on the basis of the selection process undertaken, even if there had been any recommendations made out of such selection process, and therefore, the relief as prayed for could not be granted. Objection regarding the maintainability of the writ petition itself against the Bank which is a Co-operative Societies only also seems to have been raised. The attention of the High Court was also drawn to the intervening of General Elections, the directions of the Registrar, the ban orders of the Government and the subsequent directions of the Registrar, to which reference has been made supra. It was urged that, in the light of all such above stated developments, the process has to be redone by resorting to fresh advertisements of posts, conduct of interviews and tests and results could not be declared as prayed for and that those who applied earlier can compete along with the new candidates, if any, afresh. The plea that the appellant-Bank was bound by the directions noticed above and cannot disobey them also appears to have been urged.;