JUDGMENT

S.B. SINHA, J

1. Leave granted.

2. Application of a purported circular letter dated 6.08.1996 issued by the Registrar of the Cooperative Societies, State of Maharashtra is in question in this appeal.

3. Respondent No. 1 is a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960 (for short "the Act"). The Society framed rules prescribing terms and conditions of service of its employees. Service Rules framed by the respondent no. 1 Cooperative Society were approved by the Registrar.

4. We are concerned with the post of Higher Grade: Manager; the qualification wherefor is laid down as under:

"The candidate should be a postgraduate and should be graduate in Economics or Law also he should have experience in the field of Banking and Co-operative Sector. Preference will be given if he has passed G.D.C. & A exam or has obtained Diploma in Banking."

5. The controversy between the parties hereto arose in the following fact situation:

Appellant was appointed in the post of a clerk on 14.12.1974. He was confirmed in his service on or about 21.04.1994. Respondent No. 2, however, was appointed as Agricultural Development Officer on 26.02.1979 as a direct