J. M. Tandon, J. - (1.) An advertisement was issued in Daily Ajit dated 5th Feb. 1977, inviting applications for the posts of Clerks, Accountants, Typists etc. in the Ludhiana Central Co-operative Bank Limited. The petitioners responded to the advertisement and applied for the post of Clerks. On 1st April, 197/, a meeting of Executive Committee of the Bank was held to fix the date of interview of the candidates which was attended to by the members including the Deputy Registrar Co-operative Societies. The Interviews were fixed for 4th and 5th April, 1977. On 1st April, 1977, the Deputy Registrar Cooperative Societies addressed the letter (P. 2) to the other members of the Executive Committee stating therein that it would neither be feasible nor fair to interview 1300 candidates on 4th and 5th April, 1977, and more so without scientific and rational formula having been evolved for conducting the same. The term of the Managing Committee was expiring on 7th April, 1977, and in the interest of the bank a major decision like selection of candidates to be employed by the Bank should not be taken at the end of the term. The proposed interviews on 4th and 5th April, 1977. appeared to be an eye-wash. The Deputy Registrar consequently directed that further proceedings relating to the selection of the staff be stopped with immediate effect and further to inform the prospective candidates regarding the stoppage of interviews. The Managing Committee which probably consisted of 8 members had four official members including the Deputy Registrar Cooperative Societies. The Manager of the Bank consequently put up a notice on the Bank premises that interviews fixed for 4th and 5th April, 1977, be treated as cancelled On 5th April, 1977, Gurmit Singti Gill (President). Raghbir Singh (Managing Director), Gurbachan Singh (Director) and Jaswant Singh (Director) held the interviews of some candidates including the petitioners. It is significant that none of the official members of the Managing Committee took part in the proceedings on that date. The proceedings of the interviews held on 5-4-1977 were not recorded in the proceedings-book The four Directors (members of the Managing Committee) detailed above recorded the proceedings separately and a copy of the same is P. 3. In these proceedings Resolution No. 4 relates to the issuing of appointment letters to the candidates listed therein. The petitioners, having thus been given appointment letters by the Managing Director in pursuance of Resolution No. 4 passed on 5th April. 1977 could not secure employment with the bank, because the appointment letters issued to them were not recognised or honoured by the bank authorities.
(2.) On 5th April, 1977, the official members of the Managing Committee recorded a note (R. 3) in the proceedings book of the Bank that consequent upon the direction of the Deputy Registrar Co operative Societies, the Manager had affixed a public notice on the main gate of the bank cancelling the interviews fixed for 4th and 5th April, 1977 Despite this, Gurmit Singh Gill (Chairman), Raghbir Singh (Managing Director), Jaswant Singh (Director) and Gurbachan Singh (Director) interviewed certain candidates. They however, did not finalise the selection of the candidates and left the bank without recording any resolution in the proceedings book of the bank.
(3.) The petitioners have consequently filed the present writ challenging the directive P 3 issued by the Deputy Registrar, Cooperative Societies stopping further proceedings leading to the selection of staff with immediate effect, being without jurisdiction, The prayer made is that the same may be quashed and the respondents including the Registrar, Deputy Registrar, Cooperative Societies, the Administrative Committee constituted under the Punjab State Cooperative Financing Institutions services and the Manager of the Bank be directed not to interfere with the valid appointments of the petitioners as Clerks in the service of the Bank and further to permit the petitioners to join the service of the Bank as Clerks.;