K. BHAKTHAVATSALA, J. ( 1 ) IN this writ petition, the petitioner who is 'a' Class member of respondent 2-Society has questioned the legality of the order at Annexure-B, dated 30-7-2003 on the file of respondent 1. Further, the petitioner has sought for declaration that Annexure-C, notification published in the Newspaper, deccan Herald dated 31-8-2003 is illegal. ( 2 ) THE first respondent is represented by Sri M. Keshava Reddy, the learned High Court Government Pleader. The respondent 2-Society is represented by Sri M. K. Krishna Murthy. ( 3 ) THE learned Counsels appearing for the parties submitted their arguments for final disposal. ( 4 ) THE brief facts of the case leading to the filing of the writ petition may be stated as under: the petitioner is a B. A. Graduate with Post-graduate Diploma in Human resources Development and 'a' Class member of the 2nd respondent-Society. It is pleaded in paragraph 3 of the writ petition that since 17-9-2002 the post of Managing Director/chief Executive Officer in the 2nd respondent-Society fell vacant on account of the resignation submitted by the earlier Managing Director and at present in charge Managing Director is holding the said post. It is further pleaded that the bye-law No. 33 of the society provides for appointment of a Managing Director by the Board of management on salary basis as provided in the Act and Rules. According to rule 18 (1) of the Karnataka Co-operative Societies Rules, 1960 (in short, 'the Rules'), every candidate for appointment by direct recruitment to any post in the services of the Co-operative Societies must have attained the age of 18 years but not attained the age as stipulated therein. The proviso to said rule provides that when any post has to be filled by a person of high qualification and special experience, the age restriction may be relaxed with previous approval of the Registrar. Therefore, the 2nd respondent-Society by its letter dated 18-6-2003 requested the 1 st respondent for relaxation of age as 45 to 52 and prescribe additional qualifications of rank of Major/lieutenant colonel. In pursuance of the request made by the 2nd respondent-Society, the 1st respondent gave approval as requested. Therefore, the 2nd respondent-Society by its letter dated 18-6-2003 requested the 1 st respondent for relaxation of age as 45 to 52 and prescribe additional qualifications of rank of Major/lieutenant colonel. In pursuance of the request made by the 2nd respondent-Society, the 1st respondent gave approval as requested. Thereafter, the 2nd respondent gave a public advertisement in the Deccan Herald Newspaper dated 31-8-2003 (Annexure-C) inviting applications for the post of Managing director/chief Executive from the retired Defence Officers of the rank of major/lieutenant Colonel in age between 42 to 52 years. The contention of the petitioner before this Court is that the approval (Annexure-B) given by the 1 st respondent is contrary to Rules 17 and 18 and as a consequence, the 2nd respondent-Society issuing notification (Annexure-C) inviting applications to the said post is illegal. Therefore, the petitioner has prayed for the reliefs as mentioned above. ( 5 ) THE 2nd respondent-Society has filed statement of objections narrating the size and activities of the Society and the purpose for which the Society sought approval in respect of the relaxation of age and qualifications. Further it is contended that the 1 st respondent-Authority had taken into consideration the necessity of the Society seeking relaxation in respect of age and additional qualification and the approval given by respondent 1 is in accordance with rules 17 and 18 and there is no violation of any of the Rules. Therefore, the 1st respondent has prayed for dismissal of the writ petition. ( 6 ) DURING the course of arguments, the learned Counsel appearing for the petitioner has drawn my attention to Rules 17 and 18. It is necessary to excerpt Rules 17 and 18 for immediate reference. Rule 17 reads as under:"officers and employees of Co-operative Societies, qualifications, etc, (1) Subject to the budget allotment sanctioned by the general body, the managing committee shall prescribe from time to time the strength of the establishment of the Society and the scale of pay and other allowances admissible to each member thereof with the prior approval of the Government: provided that no post which is to be filled by deputation or otherwise of a Government servant shall be created except with the prior approval of the Government. (2) No persons shall be eligible for appointment to the posts mentioned below unless he possesses the qualification specified against them. A. Secretary, Assistant Secretary or Manager. (2) No persons shall be eligible for appointment to the posts mentioned below unless he possesses the qualification specified against them. A. Secretary, Assistant Secretary or Manager. (i) Degree or a post-graduate degree in Co-operation or a degree of B. A. or B. Com. or b. Sc. , L. Com. and D. Com. , or degree of any recognised University in the case of Societies having a working capital of rupees one lakh or more and S. S. L. C. (completed or eligible for admission to University or Government service) in others; and (ii) A pass in the Government Technical Examinations in book-keeping, Banking, Co-operation and Auditing or the examination in these subjects or examinations conducted by the regional Co-operative Schools provided that a person who has taken a degree or post-graduate degree in Co-operation or the B. Com. degree shall be exempted from passing these examinations. 17. B. xxx xxx xxx (3) No appointment by direct recruitment shall be made except by calling for applications from eligible candidates by notifying the same: provided that, this restriction shall not apply to the appointment of an officer whose services have been lent by the Government. Rule 18 reads as under:18. (a) Conditions of service of officers and employees of co-operative Societies. (1) Every candidate for appointment by direct recruitment of any post in the services of the Co-operative society must have attained the age of eighteen years and not attained the age of. (i) thirty-eight years in the case of a person belonging to any of the scheduled Castes or Scheduled Tribes, Backward Tribes; (ii) thirty-six years in case of a person belonging to any of the backward Castes or Backward Communities; (iii) thirty-three years in the case of others. (i) thirty-eight years in the case of a person belonging to any of the scheduled Castes or Scheduled Tribes, Backward Tribes; (ii) thirty-six years in case of a person belonging to any of the backward Castes or Backward Communities; (iii) thirty-three years in the case of others. On the last date fixed for the receipt of application or on such other date as may be specified by the Appointing Authority or the recruitment Committee, as the case may be: provided that this restriction shall not apply to a Government servant whose services are lent to the Society or to a person who is already in service, of any Co-operative Society, if his age at the time he entered such service was in accordance with the rules then in force applicable to the area concerned: provided further that where any post has to be filled by a person of high qualifications and special experience, the age restriction may be relaxed with the previous approval of the Registrar. (1-A) Notwithstanding anything contained in clause (1), the maximum age limit for appointment shall be deemed to be enhanced by ten years in the case of a candidate who is widow". ( 7 ) IN view of the Rules 17 and 18, the learned Counsel appearing for the petitioner submits that the petitioner is aggrieved of inviting applications from the persons of age group 42 to 52 years and prescribing additional qualifications contrary to Rules 17 and 18. Rule 18 does not authorise the 1 st respondent-Authority to prescribe or to alter minimum age from 18 to 42 years. Rule 17 does not empower the 1st respondent to add additional qualifications. Therefore, there is no impediment to hold that there is excess of jurisdiction on the part of the 1 st respondent in granting approval to the 2nd respondent-Society as per Annexure-B to that effect. ( 8 ) HENCE, I pass the following order: the writ petition is partly allowed. Annexure-B is quashed to the following effect: (I) Altering the minimum age from 18 to 42; and (ii) Prescribing additional qualifications (viz. , the rank of major/lieutenant Colonel) to the post of Managing director in respqndent 2-Society. Consequently, the notification published by the 2nd respondent in Deccan herald Newspaper dated 31-8-2003 is held illegal and the 2nd respondent is prohibited from making any selection pursuant to Annexure-C. No costs. , the rank of major/lieutenant Colonel) to the post of Managing director in respqndent 2-Society. Consequently, the notification published by the 2nd respondent in Deccan herald Newspaper dated 31-8-2003 is held illegal and the 2nd respondent is prohibited from making any selection pursuant to Annexure-C. No costs. The learned Government Pleader is permitted to file his memo of appearance within four weeks from today. --- *** --- .