Yashoda Nandan, J. - (1.) Petitioner No. 1 erstwhile secretary of petitioner No. 2 Bhelupura Upbhokhta Sahkari Samiti Limited has filed this petition praying for a writ, order or direction in the nature of certiorari quashine the order of the Assistant District Registrar, Co-operative Society. Varanasi (Respondent No. 1) dated June 1, 1971 by means of which it was intimated by him to the Chairman of the Society that since the minimum qualification for appointment to the post of Secretary of the society was High School and the petitioner did not possess the aforesaid educational qualification he was not entitled to appointment as Secretary of the Society and consequently his appointment was cancelled. By means of this very communication the president of the Society was asked to recommend the name of some other person who was qualified for the appointment to the post of Secretary.
(2.) The petitioner claims that he was appointed to the post of Secretary of petitioner no. 2 after having been selected by the duly constituted selection committed on May 10, 1971. According to the claim of the petitioner, annexure I to the writ petition, is a true copy of the relevant order laying down the minimum qualifications for the appointment to the post of Secretaries of Cooperative Societies though the educational qualification prescribe is passing of High School Examination. There is according to annexure I, a power in the Assistant and Deputy Registrar, Co-operative Societies to relax the required educational qualification According to the petitioner the requirement of educational qualification was relaxed in his case by an order of the Assistant Registrar. Co-operative Societies, dated March 10, 1971. It is consequently contended that since under the relevant rules applicable to him the educational qualification had been relaxed, the impugned order cancelling his appointment on the ground that he did not possess the necessary qualification was illegal and unsustainable.
(3.) On behalf of the respondents a counter-affidavit has been filed which has been verified by Ram Kumar Singh, Co-operative Inspector, City Circle Varanasi. In the counter-affidavit it has been stated that the rules disclosed by annexure I to the petition do not apply to the petitioner because petitioner no. 2 is a Consumers Co-operative Society while annexure no. 1 prescribes the qualities of Secretaries of only Agricultural Co-operative Societies. It has been alleged in the counter-affidavit that qualifications for Secretary for Societies such as petitioner no. 2, have been prescribed under the provisions of Section 120 of the U.P. Co-operative Societies Act, 1965 through a circular of Registrar Cooperative Societies dated June 6, 1969. A true copy of this circular has been annexed as annexure I to the counter-affidavit. The educational qualification prescribed (or Secretaries of Cooperative Societies such as petitioner no. 2 is passing of the High School examination in second division with Mathematics as one of the subjects. Annexure I to the counter-affidavit does not empower any officer to relax the minimum qualifications prescribed therein. No rejoinder affidavit has been bled disputing the correctness of the contents of the counter affidavit and we consequently conclude that the petitioner no. 1 was not qualified to be appointed Secretary of petitioner no. 2 which is a consumer co-operative society.;