JUDGMENT A. Guneshwar Sharma, J. - Heard Mr. D. Julius Riamei, learned counsel assisted by Ms. Kabamdailiu Pamei, learned counsel on behalf of the petitioner, Mr. M. Devananda, learned Addl.AG assisted by Ms. Jyotsana Devi, learned counsel on behalf the State respondents and Mr. H. S Paonam, learned senior counsel assisted by Mr. S. Dijeshwor, learned counsel on behalf of respondent No.6. 2. The point of determination involved in the present writ petition is 'While appointing the Managing Director of Manipur Milk Producers' CoOperative Union on in-charge basis under Section 74(2) of the Manipur CoOperative Societies Act, 1976 read with Clause 23.3 of the Bye Laws, whether the Office Memorandum dated 03.10.2020 issued by the Department of Personnel and Administrative Reforms, Government of Manipur stipulating the norms for appointment on in-charge basis will be applicable or not'. 3. By the present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 13.03.2024 issued by the Joint Secretary (Veterinary and Animal Husbandry), Government of Manipur nominating respondent No. 6 herein as in-charge Managing Director as temporary arrangement for Manipur Milk Producers Co-operative Union Ltd. Porompat, Imphal East (in short, Union), in addition to his normal duties without extra remuneration under Section 74(2) of Manipur Co-operative Societies Act, 1976. It is prayed that after setting aside the impugned order, the petitioner be considered for appointment as in-charge Managing Director of the Union. 4. The prayer is reproduced as follows: (i) Pass an order or direction by issuing a writ of Certiorari or a writ in the nature of a writ of Certiorari or any other appropriate writ or order or direction as this Hon'ble Court may deemed fit and proper in the facts and circumstances to quash and set aside the order dated 13.03.2024 passed by the Respondent No.1; (ii) Pass an order or direction to the Respondent No.1 to 4 to consider appointing the Petitioner as in-charge Managing Director, Manipur Milk Producers' Co-Operative Union Ltd. Porompat, Imphal East; and/or (iii) Pass any other appropriate order/orders that this Hon'ble Court deems fit and proper in the facts and circumstances of the case. 5. It is the case of the petitioner that he was appointed as Veterinary Officer on regular basis vide order dated 08.12.2017 and he was promoted to the post of Deputy Director (Dairy) vide order dated 27.12.2023. 5. It is the case of the petitioner that he was appointed as Veterinary Officer on regular basis vide order dated 08.12.2017 and he was promoted to the post of Deputy Director (Dairy) vide order dated 27.12.2023. The respondent No.6 was also promoted as Procurement Officer (Dairy) Class-II Officer vide order dated 19.06.2023 in the Department of Veterinary Animal Husbandry. It is also stated that respondent No.6 was initially appointed as Milk Recorder, a non-Gazetted post before his promotion to Procurement Officers. It is also stated that the Department of Veterinary Animal Husbandry Department shall be the Nodal Department for the implementation of IDDP now renamed as National Program for Dairy Development for the State of Manipur. 6. Vide order dated 25.03.2023 passed by the Registrar Co-Operative Society, Manipur in exercise of the power under section 78(1) of the Manipur Co-Operative Societies Act, 1976 Board of Directors Manipur Milk Producer Co-Operative Union was removed and vide order dated 06.10.2023 constituted and appointed members of the Board of Administrators of the Manipur Milk Producers Co-Operative Union in exercise of its power under section 78(A) of the Manipur Co-Operative Societies Act, 1976. It is mentioned that Petitioner is one of the five members of the Board of Administrators. 7. Vide judgment and order dated 13.03.2024 issued by Joint Secretary (Veterinary Animal Husbandry) Government of Manipur, the respondent No.6 was nominated to be the in-charge Managing Director on temporary arrangement. The petitioner submitted a representation dated 27.03.2024 to the Director, Veterinary Animal Husbandry for consideration and review of the impugned order dated 13.03.2024 nominating the respondent No.6 as in-charge Managing Director of the Union as the petitioner is more competent than respondent No.6 and he is holding a higher post than respondent No.6. It is stated that Deputy Director (Dairy), Central Dairy Plant, Porompat is two ranks higher than the Procurement Officer (Dairy) and as such nomination of respondent No.6 as in-charge Managing Director is in violation of the Office Memorandum dated 03.10.2020 issued by the Government of Manipur laying down the norms for appointment on in-charge basis. It is noted that as per para 4 (i) (ii) of the O.M., resort to an in-charge appointment has to be made when eligible candidates as per rules are not available and the senior most in the feeder cadre is to be preferred for such appointment. It is noted that as per para 4 (i) (ii) of the O.M., resort to an in-charge appointment has to be made when eligible candidates as per rules are not available and the senior most in the feeder cadre is to be preferred for such appointment. It is stated that the in-charge appointment of respondent No.6 as Managing Director of the Union is in clear violation of the O.M. dated 03.10.2020 and as such, the impugned order dated 13.03.2024 nominating respondent No.6 as in-charge Managing Director of the Union is liable to be set aside. 8. Vide order dated 03.04.2024, this Court issued notice and stayed the impugned order dated 13.10.2024 as the same was purportedly in complete violation of the O.M. dated 03.10.2020 where an incumbent two grades below the petitioner was preferred for in-charge appointment as Managing Director. 9. Both the State respondents and the respondent No.6 have filed applications being MC(WP(C))No.245 of 2024 and MC(WP(C))No.215 of 2024 for vacating/modifying the ex-parte the interim order dated 03.04.2024. 10. It is stated that Manipur Milk Producers' Co-Operative Union Ltd is a registered Co-Operative Society. The Union has its own Bye-Laws for administration and effective functional of the Union. It is stated that the post of Managing Director of Union is not a promotional post and the appointment has to be done under the said Bye-Laws of the Union as well as in terms of the relevant provision of the Manipur Co-operative Societies Act, 1976. Clause 23.3 of the Bye-Laws (as amended) provides for appointment of the post of Managing Director to be made by the Board Directors on recommendation of the Committee formed for the purpose having qualification of good degree in Dairy Technology or Diploma in Dairy Technology with ten years experiences, preferably with a post graduate qualification in business management and must have at least ten years managerial experience, out of which three years as overall in-charge of procurement/production/marketing in a large Dairy/Food/Consumer product unit. Section 74(2) of the Manipur Co-Operative Societies Act, 1976 provides that the State Government may nominate a Government servant not below the rank of Class-II officer to work as Managing Director/General Manager/Manager, as the case may be, of a Co-Operative Institution. 11. It is stated that respondent No.6 having a Degree in Dairy Technology was initially appointed as Milk Recorder vide order dated 31.12.1991 and promoted to the post of Dairy Supervisor. 11. It is stated that respondent No.6 having a Degree in Dairy Technology was initially appointed as Milk Recorder vide order dated 31.12.1991 and promoted to the post of Dairy Supervisor. He got the Higher Diploma in Co-Operative Management and also attended relevant General Business Management Program conducted by the institute of Rural Management Anand (IRMA) under the sponsorship of National Dairy Development Board (NDDB). He has experience of working in the capacity as Distribution Officer (Dairy) in Central Dairy Plant since May, 2006 as he was allowed to look after the work of Distribution Officer vide order dated 29.05.2006 issued by the Deputy Secretary (Vety.), Government of Manipur. Apart from this, he was utilized and assigned to the duties of Manager (General Administration). Thereafter, the respondent No.6 was promoted to the post of Procurement Officer (Dairy), a Class-II post vide order dated 19.06.2023 and posted to the office of the Deputy Director (Dairy), but his service was utilized in the office of the Manipur Milk Producers' Co-Operative Union Ltd. vide order dated 10.08.2023. 12. It is also stated that O.M. dated 03.10.2020 relied by the petitioner is applicable only to the Government employees under the circumstances enumerated therein and not to the members of the Societies/Union where the appointment of its officer bearers has to be made under the Bye-Laws and the Act of 1976. It is stated that there is no question of superseding higher incumbent. It is also stated that the recommendation of the State Government vide impugned order dated 13.03.2024 nominating respondent No.6 as incharge Managing Director of the Union was accepted in a meeting of the Board of Administrators held on 26.03.2024 vide resolution No.2. It is pointed out that the petitioner is one of the members of the Board of Administrators which accepted the recommendation of the State Government and as such he cannot question the appointment of respondent No.6 as in-charge Managing Director of the Union. The resolution of the Board of Administrators dated 26.03.2024 has been approved by the Registrar Co-Operative Society Manipur vide order dated 01.04.2024. It is also highlighted that the petitioner has not challenged the proceeding of the resolution No.2 of the Board of Administration held on 26.03.2024 and the approval of the Registrar Co-Operative Manipur dated 01.04.2024. It is submitted that the writ petition can be dismissed on this point alone. 13. It is also highlighted that the petitioner has not challenged the proceeding of the resolution No.2 of the Board of Administration held on 26.03.2024 and the approval of the Registrar Co-Operative Manipur dated 01.04.2024. It is submitted that the writ petition can be dismissed on this point alone. 13. During the course of hearing, the learned counsels for the respondents submitted that the applications being MC(WP(C))No.215 of 2024 and MC(WP(C))No.245 of 2024 may be treated as counter affidavits of the respondents to the writ petition filed by the petitioner and the writ petition may be disposed of at this stage, as only a short question of law regarding applicability of the Office Memorandum dated 03.10.2020 is involved. In the circumstances, this court heard the present petition on the question of merit. 14. Mr. D. Julius Riamei, learned counsel for the petitioner submits that the Office Memorandum dated 03.10.2020 is issued for regulating appointment on in-charge basis to various posts under the Government of Manipur and the agency, society, bodies etc. under the control of the Government of Manipur. Para 4 of the O.M.is very relevant and 4(i) stipulates that appointment on in charge basis has to be made only when eligible persons, as per recruitment rules are not available and para 4(ii) provides that in absence of eligible officials, the senior most person amongst the feeder cadre has to be appointed to hold the said post on in-charge basis at no extra remuneration and in addition to his/her substantive post held to the lower post. 15. Mr. D. Julius Riamei, learned counsel for the petitioner further draws the attention of this Court to the contents of para 5 of the O.M. dated 03.10.2020 that for appointments on in-charge basis to all posts shall be applicable to all posts of the State Government, Agencies, Societies, Bodies, Offices, Companies, PSUs, Autonomous Bodies etc. Learned counsel further submits that while making in-charge appointment in absence of eligible officials, the senior most officers in the feeder cadre has to be preferred. It is also submitted that in absence of any rules prescribing in-charge appointment in the Bye-Laws or in the statue, the O.M dated 03.10.2020 shall be applicable in appointment to any post on in-charge basis of any Society under active control of the Government. 16. It is also submitted that in absence of any rules prescribing in-charge appointment in the Bye-Laws or in the statue, the O.M dated 03.10.2020 shall be applicable in appointment to any post on in-charge basis of any Society under active control of the Government. 16. Learned counsel for the petitioner relied upon the decision of this Court reported as 2015 SCC online Mani 55 : Maimom Lukhoi v. State of Manipur wherein it was held that the State Government must act fairly and reasonably while making transfer, posting and appointment on in-charge basis in absence of any statutory rules. 17. It is stated that in the present case, the Manipur Milk Producers' Co-operative Union being a society under the control by the State Government as mentioned in para 5, the O.M. dated 03.10.2020 will be applicable while making in-charge appointment of its Managing Directors. It is stated that the petitioner is class-I officer being a Deputy Director(Dairy) and he possessed Post-Graduate degree as per Bye-Laws 23.3 whereas respondent No.6 is only a class-II officer without any post-Graduate degree. Besides this, the respondent No.6 has no experience of three years in procurement/production/marketing in Dairy as provided in the Bye-Laws as he was promoted to the post of Procurement Officer in the year 2023 only. Accordingly, it is submitted that respondent No.6 is not eligible to be appointed as Managing Director on regular basis and hence on in-charge basis also and the petitioner having the higher desirable qualifications and two grades higher than the respondent No.6, has to be preferred and appointed on in-charge basis. 18. It is also stated that if the impugned order dated 13.03.2024 is set aside by this Court, the resolution No.2 of the Board of Administrator meeting dated 26.03.2024 and the approval of the Registrar, Co-operative Society dated 01.04.2024 will lose all their relevancy and as such the petitioner is not bound to challenge these irrelevant orders. It is prayed that the impugned order dated 13.03.2024 issued by the Government of Manipur nominating respondent No.6 as in-charge Managing Director of Manipur Milk Producers' Co-operative Union Limited be set aside and official respondents be directed to consider the case of the petitioner for appointment as Managing Director on in-charge basis as per Bye-Laws and statue read with the Office Memorandum dated 03.10.2020. 19. Mr. 19. Mr. M. Devananda, learned Addl.AG submits that writ petition is not maintainable in the present form as the petitioner has failed to challenge the resolution No.2 of the proceeding and the Board of Director held on 26.03.2024 accepting the nomination made by the State Government vide impugned order 13.03.2024 nominating respondent No.6 as in-charge Managing Director of Manipur Milk Producers' Co-operative Union Limited and the approval of the Registrar Co-operation Manipur vide order dated 01.04.2024. It is stated that the present petition is barred by the principle of 'approbate and reprobate' wherein a person cannot accepts a portion of the proceeding and challenge the other portion. 20. On merit, learned Addl. AG submits that the Office Memorandum dated 03.10.2020 will be applicable to the Government employees and not to the members of the Society Union where appointment of the office bearers is to be as per Bye-Laws and the Act. It is also stated that post of Managing Director of the Union is not a promotional post in terms of the Bye-Laws from the cadre officers of the Veterinary Animal Husbandry department. Hence, there is no question of supersession by junior. 21. Mr. M. Devananda, learned Addl.AG has also stated that after considering the requirement as prescribed by Bye-Laws and the statue, the name of the respondent No.6 was nominated by the State Government in terms of Section 74(2) of the Manipur Co-operative Societies, Act 1976 as an interim measure till the appointment of the regular Managing Director and hence, there is no illegality in the nomination of respondent No.6. It is clarified that respondent No.6 is a class-II officer and has requisite qualification and experience of more than 16(eighteen) years in the procurement and marketing of the Dairy products. 22. Learned Addl.AG draws the attention of this Court to a letter dated 01.04.2024 issued by department of Fisheries, Animal Husbandry Dairying Department of Animal Husbandry Dairying, Government of India to the Managing Director of State Milk Federations/Milk Unions wherein it was directed to utilize the pending fund of Rs. 357.51 crore by 26(twenty six) States. It is pointed out that due to the interim order dated 03.04.2024 passed by this Court, the fund cannot be utilized. 357.51 crore by 26(twenty six) States. It is pointed out that due to the interim order dated 03.04.2024 passed by this Court, the fund cannot be utilized. It is stated that the respondent No.6 has been made an authority to assign the cheque along with the Chairperson and due to the interim order, no transaction can be made with the bank. It is submitted that the interim order may be vacated. 23. Mr. M. Devananda, learned Addl.AG has relied upon the judgement of Hon'ble Supreme Court in the case of Union of India -Vs- Murugesan (2022) 2 SCC 25 para Nos. 26, 27 32 wherein it is held that a person cannot approbate and reprobate an order. It is stated that the petitioner having signed in the resolution No.2 of the proceeding of the Board of Administrators dated 26.03.2024, cannot challenge the appointment of respondent No.6. It is also stated that Managing Director is to be appointed as per Bye-Laws and in terms of the statue. Since respondent No.6 has all the requisite qualifications of being considered as Managing Director, there is no illegality in appointing him as Managing Director on in-charge basis. It is submitted that writ petition be dismissed at this stage having devoid of any merit. 24. Mr. H. S. Paonam, learned senior counsel for the respondent No.6 submitted that the O.M dated 03.10.2020 is not applicable while making appointment of Managing Director of Co-operative Union on in-charge basis. 25. Learned senior counsel for the respondent No.6 draws the attention of this Court to the object behind the O.M. specifying norms for appointment on in-charge basis. It is pointed out that the O.M. will be applicable in the case of appointment by direct recruitment or promotion from a cadre post. It is stated that the post of Managing Director is not a cadre post from the officers of the Veterinary and Animal Husbandry Department. The appointment of a Managing Director of Manipur Milk Producers' Co-operative Union Limited is in terms of Clause 23.3 of Bye-Laws and the provision of Section 74(2) of Manipur Cooperative Society Act, 1976. Bye-Laws says that a person to be made for appointment as Managing Director of the Union, should possess a minimum qualification of diploma or degree in Dairy with 10(ten) years experience, out which 3(three) years is under Procurement/Production/Marketing of a Dairy unit and Post Graduate is a desirable qualification. 26. Bye-Laws says that a person to be made for appointment as Managing Director of the Union, should possess a minimum qualification of diploma or degree in Dairy with 10(ten) years experience, out which 3(three) years is under Procurement/Production/Marketing of a Dairy unit and Post Graduate is a desirable qualification. 26. The appointment is from class-I or class-II officers. Learned senior counsel for respondent No.6 has pointed out that respondent No.6 is a degree in Dairy and class -II and has more than 16(sixteen) years' experience in marketing and procurement in Dairy unit and as such he is eligible for appointment as managing Director as per the Bye-Laws and the statue. 27. On the other hand, it is stated that the petitioner was promoted to the post of Deputy Director(Dairy) vide order dated 27.12.2023 and as such he has less than one years' experience in marketing/procurement or production in a Dairy unit. Prior to this, he was posted as Veterinary Officer in the department of Veterinary and Animal Husbandry and has no experience in Dairy. 28. It is stated that as per Section 72(3) of the Act of 1976, the nomination of a Managing Director is an appointment on deputation and hence the OM dated 03.10.2020 is not applicable in case of appointment as Managing Director of a Society, even if it is assumed that the OM will be applicable for other officers of the Union as submitted by the learned counsel for the petitioner. 29. Mr. H. S. Paonam, learned senior counsel, for the respondent No.6 has relied on the judgement in Nazir Ahmed V. Emperor AIR 1936 PC 253 , (2015) 8 SCC 722 para 14 and Civil appeal No.4807 of 2022 judgement dated 25.07.2022 in the case of Union of India Vs. Mahendra Singh passed by Hon'ble Supreme Court wherein it says that things to be done as prescribed by the law and not in any other form. It is submitted that in the present case, the appointment of respondent No.6 is done as per rules. 30. It is pointed out that in terms of Section 78(2), the Board of Administrators has the same power as the Board Directors during the period of supersession of the Board. Finally, it is stated that the impugned order does not suffer from any illegality and writ petition deserves to be rejected being devoid of any merit. 31. 30. It is pointed out that in terms of Section 78(2), the Board of Administrators has the same power as the Board Directors during the period of supersession of the Board. Finally, it is stated that the impugned order does not suffer from any illegality and writ petition deserves to be rejected being devoid of any merit. 31. This Court has considered the submissions made at the bar, the materials on record and the relevant case laws in this regard. Before proceeding further, it will be useful to reproduce the relevant provisions of law and notifications in this regard. (1) Office Memorandum dated 03.10.2020 Government of Manipur Department of Personnel Administrative Reform (Personnel Division) Office Memorandum Imphal, the 3rd October, 2020 No. 23/20/2019-Misc(PHED)/DP: A large number of references has been made by various departments under the Government of Manipur Seeking clarity from Department of Personnel in regards to appointments on in-charge basis to various posts and conditions for making such appointments etc. 2. At present, there is no laid down norm for making appointments on in-charge basis to posts under the State Government. In the absence of laid down norms, various departments have been resorting to such appointment usually by considering seniority of officials, place of posting, etc. In other cases, there is want of better logic apparent on the fact of such appointment leading to discontent in the cadre concerned and ultimately affecting efficiency of public administration. 3. In this context, the need to issue detail norms for appointment of officials to a post on in-charge basis has been under consideration of the State Government from some time. 4. Thus, with a view to bring uniformly, clarity and enforceable norms in making such incharge appointments, the following norms are hereby issued for compliance by all concerned: i. Appointment on in-charge basis shall be made against a post only when there is no official eligible as per RR to fill up the said post, either by direct recruitment or by promotion through duly constituted DPC. ii. In the absence of any official eligible as per RR to fill up a particular post, the senior most person amongst cadre/official belonging to the feeder post of the said particular post shall be appointed to hold the said post on in-charge basis, at no extra remuneration and in addition to the substantial post held by the appointee in the lower post. Needless to say, the appointee shall draw pay against the lower post substantiality held by him. iii. Where no arrangement can be made as in para (ii) above, an in-charge appointment shall be made to a vacant post from a person holding a similar post(at same rank and/or designation), at no extra remuneration. vi. An official appointed on in-charge basis against any post shall have the same financial power as a person appointed on substantial basis against the said post would enjoy. 5. These instruction shall be applicable while making appointments on in-charge basis to all posts under the State Government existing in all Government departments, agencies, societies, bodies, offices, companies, PSUs, autonomous bodies, etc. Special Secretary(DP) Government of Manipur (2) Relevant portion of the Bye-Laws Bye laws Existing Bye Laws Amended Provisions 23.3 To appoint the Managing Director and the Board shall have power to suspend him if require, however prior approval of the Registrar, Cooperative Societies shall be obtained. Appointment of Managing Director and Senior Executive shall be made by the Board of the committee formed for the purpose. Qualification for the post of anaging Director shall be as under. Good degree in food echnology/Dairy Engineer/Dairy technology/Animal Husbandry, preferably with a post graduate qualification in business management. Must have at least ten years Managerial experience. Out of which three years as overall in-charge of a large Dairy/Food/Consumer product processing unit. Should be a man of proven managerial competence. The condition are, however relaxable in case of Government deputation. To appoint the Managing Director and the Board shall have power to suspend him if require, however prior approval of the Registrar, Cooperative Societies shall be obtained. Appointment of Managing Director shall be made by the Board of Directors on the recommendation of the committee formed for the purpose. Qualification for the post of Managing Director shall be as under. Good Degree in Dairy Technology or diploma in Dairy Technology with ten years experience, preferably with a post graduate qualification in business management. Must have at least ten years managerial experience. Out of which three years as overall in-charge of procurement/ production/marketing in a large Dairy/Food/Consumer product unit. The conditions are, however relaxable in case of Government deputation. The Board shall have power to appoint/designate five Managers, subordinate to MD and on Internal Auditor, as classified under: 1. Manager, General Administration. 2. Manager, Marketing. 3. Manager, Production. 4. Out of which three years as overall in-charge of procurement/ production/marketing in a large Dairy/Food/Consumer product unit. The conditions are, however relaxable in case of Government deputation. The Board shall have power to appoint/designate five Managers, subordinate to MD and on Internal Auditor, as classified under: 1. Manager, General Administration. 2. Manager, Marketing. 3. Manager, Production. 4. Manager, procurement 5. Manager, Finance Accounts 6. Internal Auditor The educational qualification of the Managers of Sl.No. 1 to 3 shall be same as prescribed for Managing Director and preferably with a graduate/diploma in business/Co-operative Management. That of Sl. No.5 shall be M. Commerce/MBA/B.Commerce with five years experience in a business institution. The conditions for all the posts of Managers and Internal Auditors are, however relaxable in case of Government deputation. (3) Section 74(2) 78(2) of the Manipur Co-operative Societies Act, 1976. '74 (2). The State Govt. may nominate a Government servant not below the rank of class-II officer to work as Managing Director/General Manager/Manager as the case may be of a Co-operative Institution wherein the State Government have contributed to its share capital, guaranteed loans to the tune of Rs. 3/- Lakhs (Rupees three lakhs) or above or if the society has incurred loss to the extent of 25 p.c of its paid up capital. The officer so nominated shall be deemed to be on deputation with the society and his salary and allowance as determined by the State Government shall be paid from the fund of the society. The officer so deputed shall be the ex-officio member of the Board and shall have the right to vote. The officer shall be the Chief executive Officer of the society and have the following assignments; among others:- (a) To have general [control over the administration of the society. (b) To convene meetings of the management Board and General Body. (c) To receive all moneys and securities on behalf of the society and to make arrangements for the proper maintenance and custody of cash balance and other properties of the institution. (d) To endorse and transfer promissory notes, Government securities and to endorse, sign and negotiate cheque and other negotiable instruments on behalf of the institution. (e) To be responsible for the conduct, supervision and management of the day to day business and [transection of the society.] (f) To sign all deposits, receipts and operate the accounts of the society with banks. (e) To be responsible for the conduct, supervision and management of the day to day business and [transection of the society.] (f) To sign all deposits, receipts and operate the accounts of the society with banks. (g) To sign bonds, and agreement in favour of the society. (h) To determine the powers, duties and responsibilities of the employees of the society. (i) To institute, [conduct, defend compound or abandon any suit or other legal proceedings by or against the society or otherwise concerning the affairs of the society and also to compound and allow time for payment or satisfaction of any claims or demand by or against the society. (j) Subject to the regulations if any, which may be framed by the Board to enter into negotiations and sanction contracts the value of which may be determined by the Board from time to time. (k) To delegate all or any of the said powers to an employee or employees of the society subject to the ultimate control and authority being retained by him.' '78. (2) The Board or administrators so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have power to exercise all or any of the functions of the Board or any officer of the society, and take all such action as may be required in the interest of the society.' 32. From the above, it is clear that for appointment as Managing Director of the Manipur Milk Producers' Co-operative Union Limited, a person should possess a degree or diploma with Dairy with 10(ten) years experience, out of which 3(three) years in marketing/procurement/production in a Dairy unit. The officer must not be below rank of a class-II officer under the Government of Manipur and having post Graduate degree is desirable. 33. In the present case, the respondent No.6 is class-II officer having more than 16(sixteen) years of experience in marketing and production of a Dairy unit and as such he is eligible for appointment as Managing Director. 34. It is the case of the petitioner that he is post Graduate in Dairy and class-I officer and two status above the respondent No.6 in the department of Veterinary Animal Husbandry, and as such he is more competent than respondent No.6 for appointment as Managing Director of the Union on in- charge basis. 35. 34. It is the case of the petitioner that he is post Graduate in Dairy and class-I officer and two status above the respondent No.6 in the department of Veterinary Animal Husbandry, and as such he is more competent than respondent No.6 for appointment as Managing Director of the Union on in- charge basis. 35. In the present case, the issue is not the examination of the respective qualifications of the petitioner and the respondent No.6 for appointment to the post of Managing Director of the Union on regular basis and as such this Court does not intends to express any opinion on the relative merit and demerit of the petitioner vis-a-vis the respondent No.6 and a finding in this regard will prejudice the case of the either parties in future. The limited question for determination before this Court is whether the Office Memorandum dated 03.10.2020 will be applicable in case of an appointment of Managing Director of the Union on in-charge basis. 36. There is no dispute at the bar that the Office Memorandum dated 03.10.2020 will rule in case of appointment on in-charge basis in any Government Department and in respect of other bodies as specified in para 5 of the O.M. 37. On careful consideration of para 4(i) (ii) of the O.M. dated 03.10.2020, it is apparent that an appointment on in-charge basis has to be resorted only when eligible officials are not available for appointment by direct recruitment or by promotion as per rules and while considering in-charge appointment, the senior most in the feeder cadre has to be appointed without any extra remuneration in addition to his/her substantive post at lower grade. The expression 'either by direct recruitment or by promotion' as mentioned in para 4(i) of the O.M. signifies that the O.M. will be applicable only in case of direct recruitment and/or by promotion, even though the O.M. will be applicable to all posts under the Government of Manipur and other bodies as mentioned in para 5 of the OM. 38 In the present case, Section 74(2) of the Act of 1976 prescribes that the officer so nominated to be a Managing Director shall be deemed to be on 'deputation' with the society which implies that the appointment of Managing Director of Manipur Co-operative Union by nomination under Section 74(2) of the Act of 1976 will be an appointment by deputation. As noted above, the O.M. will be applicable only in case of appointment by direct recruitment or by promotion and Section 74(2) of Manipur Co-operative Societies Act, 1976 provides that the officer nominated to be a Managing Director of the Union/Society will be deemed to be on deputation. 39. Further, it is not the case of the State Government that resort to in- charge appointment of the Managing Director of the Union is made due to nonavailability of eligible candidates. Rather, it is a temporary arrangement awaiting regular appointment to the post of MD. This Court is of the considered view that the present case does not fall within the purview of the OM dated 03.10.2020 because of the absence of the crucial criteria of 'non-availability of eligible candidates as per rules'. 40. In view of the above provisions of the law, this Court is of the opinion that the Office Memorandum dated 03.10.2020 stipulating the norms for appointment on in-charge basis will not be applicable in case of appointment to the Managing Director of Co-operative Society on in-charge basis for the following reasons that: (i) the nomination to the Managing Director in terms of Section 74(2) of the Act is a deputation. (ii) the post of Managing Director of Manipur Co-operative Union is not a promotional post from the officers of Veterinary Animal Husbandry department. (iii) the post of Deputy Director Dairy is not a feeder post for appointment to the post of Managing Director of Manipur Milk Producers' Co-operative Union Limited. (iv) resort to in-charge appointment of the Managing Director is not made due to non-availability of eligible candidates as per rules, but as a temporary measures awaiting regular appointment. 41. Due to the above reasons, it is held that the Office Memorandum dated 03.10.2020 is not applicable in case of appointment of Managing Director Manipur Milk Producers' Co-operative Union Limited on in-charge basis and as such the writ petition based on the O.M. dated 03.10.2020 is liable to be dismissed at the threshold. 42. This Court finds force in the submissions of Mr. M. Devananda, learned Addl. AG, and Mr. H. S, Paonam, learned senior counsel for the respondent No.6 that the writ petition is hit by the principles of approbate and reprobate and the doctrine of promissory estoppel. 42. This Court finds force in the submissions of Mr. M. Devananda, learned Addl. AG, and Mr. H. S, Paonam, learned senior counsel for the respondent No.6 that the writ petition is hit by the principles of approbate and reprobate and the doctrine of promissory estoppel. The petitioner having signed in the resolution dated 26.03.2024 and accepting the nomination of respondent No.6 as Managing Director on in-charge basis vide impugned order dated 13.03.2024, cannot question the appointment of respondent No.6. The prayer in the writ petition is also incomplete as the petitioner has failed to challenge the resolution No.2 of Board of Administrators proceeding dated 26.03.2024 and the approval given by the Registrar Co-operative dated 01.04.2024 by the Registrar of Co-operative Society. 43. In view of the above findings, the writ petition is dismissed and the interim order dated 03.04.2024 is vacated. The pending applications are also disposed of in terms of the above directions and observations. 44. No costs.