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2007 Supreme(Bom) 953

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.P. LAVANDE & A.B. CHAUDHARI, JJ.
Vinod son of Subhashrao Shinde — PETITIONERS
VERSUS
The State of Maharashtra, through — RESPONDENTS
WRIT PETITION NOS.5081/2006, 653/2007, 1250/2007,
5062/2006, 5305/2006, and 5847/2006
WRIT PETITION NO.5081/2006
Decided on : 16.07.2007

Advocates appeared:
(Shri K.S. Narwade, Advocate for petitioners)
(Smt. B.H. Dangre, Smt. T.D. Khade, & Smt. Ketki Joshi,
A.G.Ps. for respondent Nos.1 to 3)
(S/Shri M.I. Dhatrak & A.S. Jaiswal, Advs. for respondent No.4)
(S/Shri S.A.Gordey and R.S. Kurekar, Advocates for petitioners)
A.G.Ps. for respondent Nos.1 to 3)

The circular dated 19.11.2003 has a statutory force and is binding on the respondent No.4 Bank, and violation of its provisions can lead to the quashing of the recruitment process.

Headnote:

Recruitment - Maharashtra Co-operative Societies Act, 1960 - Section 73G, Banking Regulation Act, 1949 - Circular dated 19.11.2003 - [Ramkrishna Pattern, Government Circulars, Employment Exchange, Project Affected Persons Rehabilitation Act, 1999, Persons with Disabilities Act, 1995] - The court allowed the writ petitions and quashed the selection process undertaken by the respondent No.4 Bank for filling up 136 posts. The court held that the circular dated 19.11.2003 has a statutory force and is binding on the respondent No.4 Bank. The respondent No.4 Bank was directed to strictly follow the circular dated 19.11.2003 and provide for reservations/priorities for various categories as provided by the Central as well as State Acts applicable to the respondent No.4 Bank.

Fact of the Case:

The petitioners challenged the recruitment process undertaken by the Yavatmal District Central Co-operative Bank Limited, Yavatmal, under the Maharashtra Co-operative Societies Act, 1960. The petitioners alleged that the recruitment process was not transparent and violated mandatory directions issued by the Government of Maharashtra.

Finding of the Court:

The court found that the circular dated 19.11.2003 has a statutory force and is binding on the respondent No.4 Bank. The court held that the petitioners have the right to maintain the writ petitions to work out their rights under the said circular. The court also found that the respondent No.4 Bank violated mandatory provisions of the circular dated 19.11.2003.

Issues: The main issue was whether the recruitment process undertaken by the respondent No.4 Bank violated mandatory directions issued by the Government of Maharashtra, particularly the circular dated 19.11.2003.

Ratio Decidendi: The court held that the circular dated 19.11.2003 has a statutory force and is binding on the respondent No.4 Bank. The court also found that the respondent No.4 Bank violated mandatory provisions of the circular dated 19.11.2003.

Final Decision: The court allowed the writ petitions, quashed the selection process undertaken by the respondent No.4 Bank, and directed the respondent No.4 Bank to strictly follow the circular dated 19.11.2003 and provide for reservations/priorities for various categories as provided by the Central as well as State Acts applicable to the respondent No.4 Bank.

JUDGMENT : (PER : A.B. CHAUDHARI, J.)

1. Rule in Writ Petition Nos.5081/2006, 653/2007,

1250/2007, 5062/2006, 5305/2006 and 5847/2006 returnable forthwith. Heard finally by consent of parties.

2. Writ Petition No.5081/2006 was filed in this Court on 9.10.2006. On 11.10.2006 this Court issued notice before admission returnable after four weeks and made an interim order preventing respondent no.4-Yavatmal District Central Co-operative Bank Limited, Yavatmal from issuing appointment orders without obtaining orders of this Court. The said writ petition was ordered to be tagged with Writ Petition No.5062/2006. Thereafter on 21.4.2007 Civil Application No.2907/2007 was filed by Counsel for respondent No.4 - Bank seeking permission to issue appointment orders. On the same day Civil Application No.2909/2007 was also filed by the proposed appointees for joining them as intervenors in the writ petition. On 23.4.2007 this Court adjourned Writ Petitions for final disposal at the admission stage after summer vacation on account of paucity of time and directed that the group of writ petitions involving the same issue be fixed in the second week of June 2007. Since the petitions were fixed for final disposal disposal, this Court decided not to hear the aforesaid applications. On 7.5.2007 the Hon'ble Supreme Court in Civil Appeal No.2396/2007 preferred at the instance of respondent No.4-Bank made an order to hear Writ Petition No.5081/2006 on 11.6.2007 on merits and in case disposal of writ petition on merits was not possible, to take up Civil Application No.2907/2007 and pass appropriate orders. Accordingly, Writ Petition No.5081/2006 and connected Writ Petitions were fixed on 11.6.2007 before the Court. But one of the Judges in the Division Bench expressed his inability to take up the matters for hearing and hence the said Division Bench ordered that the Writ Petitions be placed before the appropriate Division Bench. Accordingly, this Bench was constituted and it was noticed that in Writ Petition No.1250/2007 involving the identical challenge, this Court made an interim order against respondent no.4- Bank from making any appointment. Therefore, Writ Petition No.5081/2006 along with all connected Writ Petitions involving the same issue were ordered to be placed before this Court on 14.6.2007. Before commencement of hearing of the Writ Petitions, learned Counsel for the parties appearing in all these Writ Petitions were asked whether Writ Petitions could be finally heard and decided and with their consent all the Writ Petitions were taken up for final disposal and accordingly have been finally heard. FACTS

3. By these writ petitions, the petitioners have raised challenge which is common in all the writ petitions. The challenge is to the process of recruitment undertaken by respondent No.4 - Yavatmal District Central Co-operative Bank Limited, Yavatmal. Respondent No.4 - Yavatmal District Central Co-operative Bank Limited, Yavatmal is a specified society within the meaning of Section 73G (1) (ii) of the Maharashtra Co-operative Societies Act, 1960. It is a banking Society and is under the control of the Reserve Bank of India as well as National Bank For Agricultural And Rural Development (NABARD), in so far as the regulation of banking operations are concerned in accordance with the Banking Regulation Act, 1949. Somewhere in the year 1971, the State Government had constituted a Committee for studying the need of the District Central Co-operative Banks in the State in the matter of sanction of posts and recruitment of staff in consonance with the financial position of a particular District Central Co-operative Bank in the State of Maharashtra. The Committee had finally prepared a pattern in the matter of sanction of posts and recruitment for District Central Co-operative Banks in the State of Maharashtra, which is known as .Ramkrishna Pattern.

The same was accepted by the Government of Maharashtra. Thereafter, all the District Central Cooperative
























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