The main legal point established in the judgment is that government orders and circulars should be followed, and any decision going against the principles of equality and equal protection under the Constitution of India can be struck down.

1. This application has been filed by the President and Secretaries of Bakarganj Machua Swablambi Sahkari Samiti Ltd., Manigachhi Prakhand Matsyajivi Sahyog Samiti Ltd., Hayagahat Vikassh Pakhand Matsyajivi Sahyog Samiti Ltd. and Bahadurpur Matsyajivi Sahyog Samiti Ltd., Bahadurpur, for quashing the letter no. 29 dated 15.3.2003 (Annexure-6) issued by the Secretary of Animal Husbandry and Fisheries Department whereby direction has been issued to make settlement of sairat among Fisheries Co-operative Society and Self Supporting Co-operative Societies in proportion to their membership strength.

Impugned order has been challenged on the ground that it is without jurisdiction, based on wrong conclusion of circular no. 1180 dated 5.7.2000 (Annexure-8) and contrary to Section 57 of the Bihar Co-operative Societies Act, 1935 and Section 50 of the Bihar Self Supporting Co-operative Societies Act, 1996.

2. Petitioner no. 1 is the society, earlier registered under Bihar Co-operative Societies Act, 1935 but subsequently registered under Bihar Self Supporting Cooperative Societies Act, 1996 and petitioner nos. 2, 3 and 4 are societies registered under Bihar Co-operative Societies Act, 1935.

3. Initially settlement of Jalkars were made under 1935 Act but after conversion of societies and their registration under 1996 Act, the Department of Revenue and Department of Animal Husbandry and Fisheries came out with suitable amended circular under which preferences in settlement were given to societies registered under 1935 Act with respect to Government Sairat. By notification no. 2443-R dated 26.12.1986, Fishery Sairats which were exclusively transferred to Animal Husbandry and Fisheries Department were to be settled by the department of Animal Husbandry and Fisheries only in order to save the interest of the societies registered under 1935 Act and societies which earlier registered under 1935 Act were converted as Self Supporting Societies under 1996 Act. The Co-operative Department came out with a letter i.e. no. 1954-Patna dated 4.7.2001 (Annexure-3) which was contrary to various circulars of Revenue Department and Animal Husbandry and Fisheries Department. This letter dealt with registration, settlement and distribution of finances to the societies registered under 1935 Act as well as 1996 Act. By this letter it was directed that within the work area of each Panchayat there should be only two or three registered societies and recommendation of settlement of Jalkars should be made taking the Panchayat as a unit. Each society within the Panchayat should get settlement in proportion to the members of that society. Since by this letter the distinction in class of societies registered under 1996 Act as well as societies registered under 1935 Act and societies earlier registered under 1935 Act but subsequently converted to Self Supporting Co-operative Societies and registered under 1996 Act was totally ignored the societies which were registered under 1935 Act and also those societies which were registered under 1935 Act but subsequently converted and registered under 1996 Act, being aggrieved by this letter and the directions contained therein challenged this letter in C.W.J.C. no. 13952 of 2001 and by order dated 6.12.2001 (Annexure-4) the effect of this letter no. 1954 dated 4.7.2001 was put in abeyance. Case of the petitioners is that only in order to circumvent the order dated 6.12.2001 passed in C.W.J.C. no. 13592 of 2001, the Secretary Department of Animal Husbandry and Fisheries came out with letter no. 29 dated 15.3.2003 (Annexure-6) with identical terms and conditions and reissuing same direction which has been stayed by the High Court. Letter no. 1954 dated 4.7.2001 issued by the Secretary, Co-operative Department and letter no. 29 dated 15.3.2003 issued by the Secretary, Department of Animal Husbandry and Fisheries, have been issued by same person in two different capacities. Since the earlier letter issued by Annexure-3 was s