Ashok Bhushan, J. - (1.) THESE two writ petitions raising similar issues have been heard together and are being decided by this common judgment. Counter and rejoinder affidavits have been exchanged between the parties.
(2.) THE Writ Petition No. 61325 of 2011 is being treated as leading writ petition and it is sufficient to refer the pleadings of Writ Petition No. 61325 of 2011 for deciding both the writ petitions. The writ petition has been filed by the Committee of Management District Co -Operative Bank Limited, Etawah challenging the order passed by the Registrar Co -operative Societies U.P. dated 1.6.2010 by which the petitioner was directed to reconsider its resolution dated 24.5.2010 by which the Committee of Management had taken a resolution that by making new appointment financial burden of the Bank shall increase, hence new appointment be not made and the resolution was sent to the Registrar, Co -operative Societies and the Institutional Service Selection Board. Prior to 2010 the Committee of Management of the Bank was not functioning and the Administrator appointed under the U.P. Co -operative Societies Act, 1965 (hereinafter referred to as the Act) was managing the affairs of the Bank. A decision was taken by the Administrator on 12.10.2009 to request U.P. Co -operative Societies Service Institutional Board for making selection for various posts in the Bank.
(3.) IN pursuance of the request sent by the Administrator, the Institutional Service Board proceeded to make recruitment on various posts in the Bank including those of Branch Managers, Clerks/Cashiers. A letter dated 4.5.2010 was sent by the U.P. Co -operative Institutional Service Board (in short the Board) to the Bank sending list of 12 selected candidates for making appointment. The Committee of Management considered the letter and passed a resolution dated 21.10.2010 that new appointment cannot be made. The Registrar passed an order dated 1.6.2010 directing the Committee of Management to re -consider its resolution dated 24.5.2010. In the meantime, by letter dated 4.6.2010 a list of 52 selected candidates for the post of Clerks/Cashiers was forwarded to the Bank by the Board.;