- (1.) THIS mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against order dated March 22, 2005 passed by a learned Single Judge of this Court by which His Lordship not only dismissed the said writ application filed by the appellant but also passed a direction upon the respondent No. 3 to permit the respondent No. 7 to join her duty with immediate effect notwithstanding the fact that no writ application was filed by the said respondent No. 7 praying for such direction.
(2.) BY the said writ application, the appellant, inter alia, prayed for the following relief: (1) A declaration that the. advertisement published in the Ananda Bazar patrika dated 26th February, 2002 for recruitment to the post of Chief executive of the respondent No. 3 and all the subsequent proceedings pursuant to the said advertisement by the respondent No. 2 in connection with the recruitment of the Chief Executive of the respondent No. 3 are not sustainable in law. (2) Injunction to issue restraining the respondents and/or their agents and subordinate from giving any effect and/or further effect to the impugned purported recruitment proceedings of the respondent No. 2 and further restraining the respondent No. 3 from acting upon the recommendation of the respondent No. 2 in selecting the Chief Executive of the bank pursuant to such purported proceedings.
(3.) THE case as made out by the appellant in the writ application was that he was a B. Com (Honours) and was employed with the respondent No. 3, the Co-operative Bank, as an Assistant for the last 15 years and as such, had attained sufficient experience in the matter of functioning and management of the Co-operative Bank. For the purpose of recruitment to the post of Chief Executive of the said bank, it was decided by the Board of the respondent No. 3 after discussion with the respondent No. 2, the Co-operative Service Commission, that the minimum qualification for such post should be B. Com with honours but subsequently, the respondent No. 2 changed the said minimum qualification and gave an advertisement in the newspaper for the recruitment to the said post thereby prescribing the following required qualification: (i) C. A. /cost Accountant/m. B. A. (Financial) (ii) Special qualification in computer literacy with at least 6 months in UNIX/ oracle. (iii) Experience preferably 2 years in a bank.;