Uma Nath Singh, J. - (1.) We have heard learned counsel for the parties and perused the pleadings of Special Appeal, which arises out of a judgment dated 18.4.2012, passed by learned Single Judge, in Writ Petition No. 2125 (S/S) of 2006.
(2.) Learned counsel for the State, Smt. Sangita Chandra submitted that the Service Rules sought to be quashed had been notified in the official Gazette, therefore, it was not in the nature of an office/ Government order passed by the Registrar of the Co-operative Societies. It is also a submission of learned counsel that the writ of certiorari cannot be exercised for quashment of Statutory Service Rules notified in the official Gazette and rather such statutory provisions can only be declared as ultra vires qua the Parent Act or the Constitution of India.
(3.) Learned counsel for the State has placed reliance on a Three Judge Bench Judgment of the Hon'ble Apex Court reported in AIR 1985 Supreme Court 167 (Prabodh Verma and others, etc. etc. v. State of U.P. and others and Dal Chand and others, etc. etc. v. State of U.P. and others, etc.) in support of her contention.;