ORDER B.L. Yadav, J. - In the Primary Agricultural Co-operative Credit Societies (for short the Society) in the district of Gorakhpur. a number of vacancies arose for the posts of Secretary in the y ear 1984. April 12, 1984 was the date fixed for the interview. The persons who were working in the department and have six months experience in the Society, had been required to appear in the interview. The interview letters were issued to the petitioners, vide, Annexure-1 etc. They appeared before the Selection Committee on 12-1-1984 along with 300 more candidates. Thirty five persons including the petitioners were selected by the District Adminsitrative Committee which was constituted in pursuance of Rule 25 of the U.P. Primary Agricultural Co-operative Credit Societies Centralied Service Rules, 1976 (for short the Rules) framed under section 122-A of the U.P. Co-operative Societies Act, 1965. The Deputy Registrar of the region is the Chairman of that Selection Committee and Additional District Magistrate, Planning, and the District Planning Officer of the district Gorakhpur and a nominee of the Registrar of the Co-operative Societies, U.P. are members. A copy containing the names of the petitioners and other selected candidates has been furnished as Annexure-3 to the petition. The petitioners' names are traceable at serial Nos. 6, 7 and 8 along with other candidates. By the dated 30-1-1985 addressed to the Secretary of the District Administrative Committee, only two names namely Durgesh Singh and Nizamul Haq were ordered to be appointed out of that list (vide Annexure-2). It was stated in that order that under the Regulations framed under the rules (i.e. U.P. Primary Agricultural Co-operative Credit Societies Centralised Service Regulations, 1978, for short the Regulations, 1978) the approval was granted only to these persons. In fact there was no specific provision for granting such approval either under Regulation 20 or 21 of the Regulations nor there was any such procedure for approval under Rule 25 of the Rules. Since the date, list of select candidates was prepared including the names of the petitioners, they were not given appointment. No valid reasons were indicated as to why they was not being appointed. 2.
Since the date, list of select candidates was prepared including the names of the petitioners, they were not given appointment. No valid reasons were indicated as to why they was not being appointed. 2. The petitioners have filed the present petition under Article 226 of the Constitution with the prayer that a writ of mandamus may be issued directing the respondents not to hold any other test, as the same was indicated to be held on 7-4-1988, the respondents may be directed to issue a letter of appointment for the post of Secretary in the Society, on the basis of the recommendation of the Selection Committee dated 1-5-1984. 3. The learned counsel for the petitioners urged that as the petitioners were selected by an Interview Board, in which Deputy Registrar of the Region was Chairman, and in view of rule 25 of the Rules there could be no justification to ask for any other approval; not the list so prepared was subject to any approval either under the Rules or under the Regulations. There could be no justification to hold any other test and under the circumstances of the case the respondents may be directed to appoint the petitioners on the post of Secretaries. The respondents have no power to cancel that select list. 4. The learned counsel for the respondents on the other hand urged that the approval was required, even though the learned counsel did not refer to any specific Rules or Regulation or any other positive provision to that effect. He just relied upon a letter Annexure C.A. 3 to the counter affidavit where it has been stated that 10 candidates were selected for the posts of Secretary by the District Administrative Committee, Gorakhpur, but it was subject to the approval by the State Cadre Authority. 5. Having heard the learned counsel for the parties, it appears manifest that as the selection of the petitioners has been made by a Selection Committee constituted under Rule 25 of the rules and the Deputy Registrar of the Region was its Chairman, there was no such approval required for the direct recruitment. Rule 25 of the Rules is set out as follows: "26. Direct Recruitment : All vacancies in the Societies of Category IV shall be filled up by direct recruitment by the Regional Committee.
Rule 25 of the Rules is set out as follows: "26. Direct Recruitment : All vacancies in the Societies of Category IV shall be filled up by direct recruitment by the Regional Committee. For this purpose the Committee shall ask for names of suitable candidates fulfilling the necessary conditions prescribed for the post from the District Employment Officers of all the districts of the Region. The names to be asked for shall be three times of the number of vacancies to be filled. The recruitment shall be made by the Regional Committee by holding a written test and viva as may be prescribed by the Registrar, Co-operative Societies, U.P. The candidates shall be recruited with due regard to the representation of Scheduled Castes, Scheduled Tribes and the dependents of freedom fighters as per orders issued by Government from time to time with regard to the representation of these classes in Government service: Provided that recruitment in the manner laid down above shall be made by a Selection Committee consisting of the following : (i) Deputy Registrar of the Region - - Chairman (ii) Additional District Magistrate (Planning) District Planning Officer of the district - Member (iii) A nominee of the Registrar, Cooperative Societies. U. P. - Member The provisions of Regulations 21 and 22 are also set out as follows : 21. The appointment to the Centralised Service shall be made by the District Committee : Provided that the letter of appointment shall be issued by the Member - Secretary of the district committee and shall contain the name of the candidate, place of posting, nature of appointment. probations period, security, salary with scale, documents to be furnished as per Regulation No. 20 and the date by which he has to join. 22. The first appointment shall be made on the minimum pay of the grade in which the appointments are made except in case when the appointment is made on deputation. 6. A perusal of the Rules 25, 21, 22 indicates that there shall be a Regional Committee to fill up the vacancies in the Societies of Category IV and there shall be a Selection Committee and Deputy Registrar of the Region shall be its Chairman and the Additional District Magistrate (Planning) and District Planning Officer of the district shall be its Members and there shall be a nominee of the Registrar of the Co-operative Societies.
U.P. After Selection Committee has held the interview and the candidates have been selected, unless there is some specific provision under the gules or under the Regulations, power for the approval could not be just assumed. No such rule or regulation was pointed out to me by the learned counsel from either side. Under the Regulations Nos. 21 and 22 or any other regulation no such approval was' pointed out. 7. Once a Statutory Selection Committee has been constituted and it has held interview and selected the candidates including the petitioners, there could be no deviation on one pretext or the other. The power for the approval could not be just assumed by implication it must be specific, direct, positive and it must be provided statutorily. 8. The petitioners cannot accordingly be denied the appointment, once they have been selected. Annexure C.A. 3 to the counter affidavit as pointed out by the learned counsel for the respondents, also does not indicate any such statutory power under which the approval of the State Cadre Authority was required. Consequently the respondents are not justified in refusing the appointment to the petitioners for the post of Secretaries in the Primary Agricultural Co-operative Credit Societies in the district of Gorakhpur. 9. Once these petitioners have been selected by the Selection Committee Under Rule 25 of the Rules, there was no justification for the respondents to delay the appointment or to take a pretext to hold another interview of some other candidates on 7-4-1988 or on some future date. 10. Rule 25 and other Rules were conspicuous by the absence of power of approval. According to the New Lexicon Websters' Dictionary approval means favourable opinion or judgment, official recognition or sanction. Under Rule 25 procedure for direct recruitment has been provided by the Legislature. Notable feature is that of five places under Rule 25 word "shall", has been employed and at one place word 'may' has been used. Only one inference was possible that the judgment exercised and the assessment made by the Selection Committee about the suitability of a particular candidate became final. The use of word "Shall" and "may" in the same provisions postulates that Legislature has left no choice for interpretation rather word "shall" under Rule 25 means must "and", imperative", and word 'may' is for directory sense.
The use of word "Shall" and "may" in the same provisions postulates that Legislature has left no choice for interpretation rather word "shall" under Rule 25 means must "and", imperative", and word 'may' is for directory sense. I am accordingly of the considered opinion that the selection made by the Selection Committee became final and it could not be deemed to be subject "to approval", by some other authority as suggested by the learned counsel for the respondents. 11. In view of the premises aforesaid, the petition succeeds and is allowed. The respondents including the respondent No. 3 the District Administrative Committee, U.P. Co-operative Centralised Service, Gorakhpur through its Members/ Secretary is directed to appoint the petitioners as Secretaries of the Society within a month from the date a certified copy of this order is furnished there and pay their salary regularly according to Rules. There shall however be no order as to costs.