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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mansoor Ahmad Mir and Tarlok Singh Chauhan, JJ.
Anil Kumar -Petitioner.
Versus
The State of HP and others- Respondents.
CWP No. 1396 of 2015.
Decided on : 25-8-2015.
Cooperative Society - Appointment Challenge - The court held that the Cooperative Society is not a State within the meaning of Article 12 of the Constitution of India, and therefore the writ petition challenging the appointment was dismissed.
Fact of the Case:
The petitioner challenged the selection and appointment of respondent No. 6 by the Cooperative Society on the ground of fairness.
Finding of the Court:
The court found that the Cooperative Society is not a State within the meaning of Article 12 of the Constitution of India, based on a previous judgment.
Issues: The main issue was whether the Cooperative Society is considered a State under Article 12 of the Constitution of India, and whether the writ petition was maintainable.
Ratio Decidendi: The court relied on a previous judgment to establish that the Cooperative Society is not a State within the meaning of Article 12 of the Constitution of India.
Final Decision: The writ petition challenging the appointment was dismissed based on the finding that the Cooperative Society is not a State within the meaning of Article 12 of the Constitution of India.
Mansoor Ahmad Mir
1. The petitioner, by the medium of this writ petition, has questioned the selection and appointment of respondent No. 6 made by respondent No.4-Upper Lahla Cooperative Agriculture Service Society Ltd., on the ground of fairness.
2. The moot question is whether the Cooperative Society-respondent No. 4 is State within the meaning of Article 12 of the Constitution of India and whether the writ will lie?
3. We have already dealt with this issue in CWP No. 6608 of 2014 decided on 14.7.2015 titled Sushil Kumar Dogra versus State of H.P. and others and held that the Cooperative Society is not a State within the meaning of Article 12 of the Constitution of India.
4. In view of the judgment supra, the writ petition merits to be dismissed and is dismissed. The judgment referred to supra, shall form part of this judgment also. However, the petitioner is at liberty to seek appropriate remedy.
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