JUDGMENT U.C. Srivastava and S.H.A. Raza, JJ. - In this bunch of writ petitions which have been tagged together, the petitioners have prayed for quashing the order 29th April, 1988 issued by the Registrar Co-operative Society addressed to the Deputy Registrar Co-operative Societies in Uttar Pradesh informing them that the Secretaries who were selected according to the direction dated 5-2-1988 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 (sic) before selection should be allowed to work and if the selected Secretaries have taken over charge they should be relieved and the Secretaries who were working before selection should be appointed and the Accountants who have been so 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, Co-operative 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 an 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 bona fide and it was against the departmental directions and rules consequently such candidates who had not prescribed qualifications or were in competent 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 contention of the petitioner is that all of them are trained and all of them successfully completed six months co-operative training. The Registrar Co-operative Society issued Circular No. 131/Cardre/Prarambhik Bind Sahkari Samiti Adhiniyam, dated Lucknow 5th February, 1989 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 the written examination and interview and on the qualifications prescribed under 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 the written examination and interview and on the qualifications prescribed under 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 Co-operative Societies and the last date for filing the application was 6th March, 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, 198N 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. Co-operative 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 122 of U. P. Co-operative Societies Act, 1965 provides that the State Government may constitute an authority or authorities in such manner as may be prescribed for the recruitment, training and disciplinary control of the employees of co-operative societies or a class of co-operative 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 : "(1) Notwithstanding anything contained in this Act, the State Government may by rules provide for the the creation of one or more services of such employees of such co-operative societies or class of co-operative associative as the State Government may think fit, common to such Co-operative Societies and prescribes the method of recruitment, appointment, removal and other conditions of services 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 provision ally 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. Co operative Societies Act, 1965 provides for the qualifications for appointment as Secretary, Manager etc. of Co-operative Societies. It reads as under : (1) No person shall be appointed by a Co-operative 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 authority, if any, as may be specified by the Registrar from time to time in respect of any co-operative society or class of societies. (2) Any person appointed in contravention of the provisions contained in sub-section (1) shall be liable to removal from his office by the Registrar, Section 121 of the Act provides for the powers of Registrar determine terms of employment of society and the same is as under : "The Registrar, may, from time to time, frame regulation to regulate the employments and other conditions of service including the disciplinary control of employees in a co-operative society or a class of co-operative 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 sub-section (1) shall be published in the Gazette and take effect from the date of such publications. 9. Rule 5 of the Rules 1976 provides that "No person shall be appointed as Secretary of the Society unless he fulfills the following minimum educational qualifications and such other condition as laid down by the Registrar under Section 123 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 be cannot he appointed as Secretary and apart from educational qualification 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 Rules 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. Co-operative Societies Act, as well as the Centralised Service Rules, 1975. 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 tire Regional Committee which should have been done at the level of District Assistant Registrar Co-operative 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 tire Regional Committee which should have been done at the level of District Assistant Registrar Co-operative Societies of the Region. Also, 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 Co-operative 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 selection of 263 candidates, a supplementary list was issued and reservation of the Scheduled Castes and Scheduled Tribes 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 Rules 25(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 non-compliance of Rule 6. It may be possible that (sic) 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 an none the less irregularities were committed and if no appointment letters had been issued to the petitioners they have no right to claim appointment on the basis of such list in which 263 candidates were selected against the vacancies of 152. In the examination the application forms were 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. In the examination the application forms were 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. Further this order be no order as to the costs.