JUDGMENT S.H.A. Raza, J. - In this Bunch of writ petitions which have been tagged together, the petitioners have prayed for quashing the order dated 29th April, 1988, issued by the Registrar, Cooperative Society, addressed to the Deputy Registrar, Cooperative Societies in Uttar Pradesh informing them that the Secretaries who were selected according to the direction dated 5.2.88 should not be appointed and yet it has been learnt that some of the Societies have appointed such persons. Even though it was directed that Secretaries or Acting Secretaries who were working before selection should be allowed to work and if one (some) selected Secretaries have taken over charge they should be relieved. The Secretaries who were working before selection should be appointed and the Accountants who have been I selected as secretaries and some of them have been appointed as such their services should be terminated. By another order dated 23rd May, 1988, passed by the Registrar, Cooperative Societies it was directed that as he had received complaints that serious irregularities in the selection were committed and unqualified and incompetent persons were selected, hence T. P. Singh was appointed as Enquiry Officer and he was directed to submit his report regarding the selection of the Secretaries. He submitted report that selection was not made fair and bonafide and it was against the Departmental direction and rules, consequently such candidates who had not prescribed qualifications or were incompetent were allowed to appear in examination and they were also interviewed. Hence it was suspicious and defective and liable to be set aside. Consequently, entire proceedings of selection were cancelled and selection list was declared illegal and unenforceable. 2. The conteation of the petitioner is that all of them are trained and all of them have successfully completed six months' cooperative training. The Registrar, Cooperative Society issued circular No. 131/Cadre/Prarambhik Bind Sahkari Samiti Adhiniyam, dated Lucknow 5th February, 1988 by which he directed to fill in the posts of Secretary/Sachiv in primary Agricultural Credit Societies. In various regions this was done by means of holding written examination and interview and on the qualifications prescribed tinder rule 23 to the trained and experienced persons. Minimum qualification for appearing in examination was kept Intermediate with Economics or Agriculture or Science, and the age limit was between 21 to 45 years. 3.
In various regions this was done by means of holding written examination and interview and on the qualifications prescribed tinder rule 23 to the trained and experienced persons. Minimum qualification for appearing in examination was kept Intermediate with Economics or Agriculture or Science, and the age limit was between 21 to 45 years. 3. In pursuance of the aforesaid circular issued by the Registrar, Cooperative Society, Faizabad, who was Chairman of the Regional Administrative Committee, advertised the post of Secretary in the two Newspapers and invited applications for the selection of Secretary for Primary. Cooperative Societies and the last date for filing the application was 6th Match, 1988. These petitioners fulfilled the qualifications and they appeared in the written examination which took place on 22nd March, 1988. The result was declared and the notice regarding the successful candidates was posted in the office of the Deputy Registrar and the successful candidates were called for interview which took place on 26th March, 1988. Result of the interview was published in Hindi Newspaper Janmorcha on 15th April, 1988. Thereafter successful candidates requested for the appointment as Secretaries but the appointment letter was not being issued by the Regional Committee through its chairman on the ground that the selection has already been cancelled by the order of the Registrar dated 29th April, 1988. According to the petitioner the Registrar under political pressure had issued the circular dated 29th April, 1988 which was applicable to all the members of Uttar Pradesh. According to the petitioner the circular dated 29th April, 1988 is wholly arbitrary and without jurisdiction and the same could not have been passed without giving opportunity of hearing to the petitioner. It has been further said that once the letter for conducting examination in accordance with rule 25 of the Rules has been issued and result has been declared after examination and interview and the petitioners had been declared successful then it is not open for opposite party to pass any order by means of which the right of the successful candidates have been affected. 4.
4. On behalf of the opposite parties it was contended that the Registrar has got full jurisdiction to issue such order or circular under U.P. Cooperative Societies Act and further, petitioners have got no right to file writ petitions as they have not been appointed as secretaries and they were merely selected on such post which was not a legal selection and that is why the same was cancelled and set aside. 5. Section 1/22 of U.P. Cooperative Societies Act, 1965 provides that the State Government may constitute an authority or authorities in such manner as may be prescribed, for the recruitments, training and disciplinary control of the employees of cooperative societies or a class of cooperative societies to frame regulations regarding recruitment, emoluments, terms and conditions of service including disciplinary control. The regulations framed shall be subject to the approval of the State Government and shall, after such approval, be published. 6. Section 122 A provides centralisation of certain services It reads as under : Notwithstanding anything contained in this Act, the State Government may by rules provide for the creation of one or more services of such employees of such cooperative societies or class of cooperative societies as the State Government may think fit, common to such Cooperative Societies and prescribe the method of recruitment, appointment, removal and other conditions of service of persons appointed to any such service. (2) When any such service is created, all employees of such societies existing on the date of creation of such service on the posts included in such service, shall be deemed to have been provisionally absorbed in the service with effect from the date of creation of such service : provided ....................... (3) an employee............ 7. Section 120 of the U.P. Cooperative Societies Act, 1965 provides for the qualifications for appointment as Secretary, Manager etc. of cooperative societies. It reads as under : (1) No person shall be appointed by a cooperative society as Secretary, Manager, Accountant or as any other officer to be paid or remunerated by the society unless he possesses such qualifications and furnishes such security, if any, as may be specified by the Registrar from time to time in respect of any cooperative society or class of societies. (2) Any person appointed in contravention of the provisions contained in subsection (1) shall be liable to removal from his office by the Registrar.
(2) Any person appointed in contravention of the provisions contained in subsection (1) shall be liable to removal from his office by the Registrar. Section 121 of the Act provides for the power of Registrar to determine terms of employment of society and the same is as under; The Registrar may, from time to time, frame regulation to regulate the emoluments and other conditions of service including the disciplinary control of employees in a cooperative society or a class of cooperative societies and any society to which such terms are applicable, shall comply with those regulations and with any orders of the Registrar, issued to secure such compliance. 8. The Regulations framed under subsection (1) shall be published in the Gazette and take effect from the date of such publication. 9. Rule 5 of the rules, 1976 provides that No person shall be appointed as Secretary of the society unless he fulfils the following minimum educational qualifications and such other condition as laid down by the Registrar under Section 120 of the Act and the rules framed thereunder. 10. Thus rule 5 of the rules, 1976 itself provides that if a person does not possess minimum qualification he cannot be appointed as Secretary and apart from educational qualifications other conditions should also be fulfilled which are laid down by the Registrar under section 120 of the Act. 11. It is in exercise of the powers conferred upon the Registrar under sub rule (2) of Rule 25 of the Act issued a circular to all the Regional Committees in the State of U.P. giving instructions and fixing several guidelines in accordance with the policy of the U.P. Cooperative Societies Act, as well as the Centralised Service Rules, 1976. 12. After the declaration of the result certain complaints were received and an enquiry was set up and Enquiry Officer submitted report. There were such irregularities that the total vacancies in the entire Faizabad Region were 152 but against these 152 vacancies, 263 candidates were selected and there was no waiting list and in pursuance of the interim order they are demanding their appointment. . 13. The other irregularity found by the Enquiry Officer was that the application forms of the candidates were collected through a Messenger sent by the Chairman of the Regional Committee which should have been done at the level of District Assistant Registrar, Cooperative Societies of the Region.
. 13. The other irregularity found by the Enquiry Officer was that the application forms of the candidates were collected through a Messenger sent by the Chairman of the Regional Committee which should have been done at the level of District Assistant Registrar, Cooperative Societies of the Region. Also, the eligibility of the candidates to appear at the examination and interview was not ascertained. 14. It was necessary condition for the accountants working as Secretaries of the Cooperative Societies to hand over the entire charges before coming for the examination and interview, failing which they were liable to be disqualified for the same, yet the Chairman, Regional Committee, Faizabad allowed them to appear at the examination and in interview and also declared some of them as successful candidates for the post of Secretaries. The Chairman of the Regional Committee failed to produce the entire papers and records with regard to selection before Inquiry Officer in his demand. Even after Section of 263 candidates, a supplementary list was issued and reservation of the Scheduled Caste and Scheduled Tribe was not maintained. Even the Regional Committee did not ask for names of suitable candidates fulfilling the necessary qualifications prescribed for the post from the District Employment Officer from the region as it is necessary in view of the provisions of Rule 15 (1). Post for selection was not even advertised; 15. From the facts it is evident that rules were not followed in the selection and there was noncompliance of rule 6. It may be possible that some of the candidates were talented and possessed of high qualifications and it may also be possible that only some of the candidates were responsible for all these irregularities which were committed and nonetheless irregularities were committed and if no appointment letters have been issued to the petitioners, they have no right to claim appointment on the basis of such list on which 263 candidates were selected against the vacancies of 152. in the examination the application forms ware not properly scrutinised and the condition of eligibility of candidates to appear at the examination and interview was not ascertained.
in the examination the application forms ware not properly scrutinised and the condition of eligibility of candidates to appear at the examination and interview was not ascertained. As such, provisions of Section 120 read with 121 and rules 25 were not followed The Act has empowered the Registrar to intervene and cancel a particular examination in case the examination had not been held in accordance with procedure prescribed and even the applicants were not entitled as required by law. As such, it cannot be said that the circular letter was issued without authority of law. 16. The writ petitions are devoid of merit and accordingly dismissed. However there would be no order as to the costs.