BHASKAR BHATTACHARYA, ACJ

(1) THIS mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against order dated March 22, 2005 passed by a learned Single Judge of this Court by which His Lordship not only dismissed the said writ application filed by the appellant but also passed a direction upon the respondent No. 3 to permit the respondent No. 7 to join her duty with immediate effect notwithstanding the fact that no writ application was filed by the said respondent No. 7 praying for such direction.

(2) BY the said writ application, the appellant, inter alia, prayed for the following relief:

(1) A declaration that the. advertisement published in the Ananda Bazar patrika dated 26th February, 2002 for recruitment to the post of Chief executive of the respondent No. 3 and all the subsequent proceedings pursuant to the said advertisement by the respondent No. 2 in connection with the recruitment of the Chief Executive of the respondent No. 3 are not sustainable in law.

(2) Injunction to issue restraining the respondents and/or their agents and subordinate from giving any effect and/or further effect to the impugned purported recruitment proceedings of the respondent No. 2 and further restraining the respondent No. 3 from acting upon the recommendation of the respondent No. 2 in selecting the Chief Executive of the bank pursuant to such purported proceedings.

(3) THE case as made out by the appellant in the writ application was that he was a B. Com (Honours) and was employed with the respondent No. 3, the Co-operative Bank, as an Assistant for the last 15 years and as such, had attained sufficient experience in the matter of functioning and management of the Co-operative Bank. For the purpose of recruitment to the post of Chief Executive of the said bank, it was decided by the Board of the respondent No. 3 after discussion with the respondent No. 2, the Co-operative Service Commission, that the minimum qualification for such post should be B. Com with honours but subsequently, the respondent No. 2 changed the said minimum qualification and gave an advertisement in the newspaper for the recruitment to the said post thereby prescribing the following required qualification:

(i) C. A./cost Accountant/m. B.A. (Financial)

(ii) Special qualification in computer literacy with at least 6 months in UNIX/ oracle.

(iii) Experience preferably 2 years in a bank.

(4) ACCORDING to the appellant, the said publication was not only illegal but also gives reflection of an abuse of authority and jurisdiction of the respondent no. 2 in fixing up the minimum educational qualification, which was contrary to the decision taken by the Board of the respondent No. 3. The appellant contends that for enhancing the minimum qualification as stated above, the appellant and other similarly placed persons have been eliminated from the process of selection. According to the appellant, in Rule 108 of the West Bengal co-operative Societies Rules, 1987, the minimum qualifications for appointment of different categories of the employees of the Co-operative Societies are prescribed and in terms of such rule, the minimum qualification should be a bachelors degree of a recognized University for the said post. The appellant contended that the said rule although empowered the Board to prescribe a higher qualification if it thought fit and proper, yet, the said rule did not authorise the respondent No. 2 or the respondent No. 4, the then Secretary of the respondent No. 3, to alter such qualification or to prescribe any higher qualification than what had been decided by the Board of Directors of the respondent No. 3.

(5) THE writ application was opposed by the respondent No. 2 and the State of West Bengal therby contending that the representative of the respondent no. 3 in the meeting of the Commission approved the qualification for the post and that the selection was in conformity with law.

(6) THE respondent No. 7 is the selected