- (1.) This appeal is directed against the order passed by the Division Bench of Madhya Pradesh High Court at Jabalpur in Writ Petition No. 1415 of 1997 by the order dated 11.3.2003 whereby the Division Bench of the Madhya Pradesh High Court has set aside the order passed by the Registrar of Co-operative Societies in exercise of power under Section 55(1) of the Madhya Pradesh Co-operative Societies Act, 1960 (hereinafter referred to as the 'Act of 1960') dated 6.3.1997 as ultra vires and allowed the writ petition. Aggrieved by that the present appeal was filed by the Madhya Pradesh Rajya Sahakari Bank Maryadit (hereinafter to be referred to as the 'appellant').
(2.) We have heard learned counsel for the parties and perused the records.
(3.) Learned counsel for the appellant has submitted that the Registrar of Co-operative Societies under Section 55 of the Act of 1960 has full power to frame rules relating to service conditions for the Co-operative Societies. Therefore, in exercise of the aforesaid power, the Registrar of Co-operative Societies has issued order dated 6.3.1997 whereby under Chapter 4 Conditions of Recruitment, Rule 5 of the Madhya Pradesh Rajya Sahakari Bank Employees (Terms of Employment and working conditions )Rules, 1976 (hereinafter to be referred to as the 'Rules of 1976') was amended and the following amendment was added: " The Managing Committee of the Bank shall decide the percentage of employees to be necessarily recruited from Scheduled Tribes, Scheduled Castes, Backward Classes and handicapped persons provided that a minimum percentage of the posts, as may be advised by the State Government from time to time, shall be reserved for the candidates of Scheduled Tribes, Scheduled Castes, Backward Classes and handicapped persons. Relaxation in the conditions of recruitment as per instruction issued by Registrar. Co-operative Societies, Madhya Pradesh, Bhopal from time to time may be granted to the Ex- serviceman and Scheduled Castes/ Scheduled Tribes, Backward Classes and physically handicapped persons.";