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ORISSA HIGH COURT : CUTTACK
MURAHARI SRI RAMAN
Susanta Kumar Panda – Appellant
Versus
Chief Executive Officer Bhawanipatna Central Co-Operative Bank – Respondent
| Table of Content |
|---|
| 1. details of the promotional process. (Para 1 , 2) |
| 2. counterarguments by the bank regarding promotion eligibility. (Para 3) |
| 3. maintainability issues of the writ petition. (Para 4) |
| 4. court's reasoning and legal principles applied. (Para 5) |
| 5. final decision on the writ petition. (Para 6 , 7) |
JUDGMENT :
Assailed in the writ petition is the List of Banking Assistants declared eligible for appearing in Written (Merit) Test scheduled to be held on 20.06.2021 for promotion of Banking Assistants-I to next higher grade, i.e., Assistant Manager-II issued by the Chief Executive Officer, Bhawanipatna Central Co-operative Bank, Bhawanipatna in the district of Kalahandi, as enclosed to Letter Reference No.1208— OSCB (ACST) Trg./2019- 20, dated 11.06.2021 of the Principal, Agricultural Cooperative Staff Training Institute, for invocation of provisions under Article 226/227 of the Constitution of India with the following prayer(s):
i) admit this case,
iii) quash the list of Banking Assistants eligible for appearing Written (Merit) Test issued by Chief Executive Officer, Bhawanipatna Central Co- Operative Bank, Bhawanipatna in the district of Kalahandi which is was held on 20.06.2021 u
The court determined that cooperative banks do not qualify as 'State' under Article 12 of the Constitution, thus are not amenable to writ jurisdiction.
Writ petitions against private co-operative societies are not maintainable under Article 226 unless they demonstrate public authority status.
Writ jurisdiction does not extend to enforcing cooperative society bye laws, which lack the force of law and are treated as private contractual obligations.
Exercise of power by the Registrar, under bye-laws and regulations framed thereunder by the Society itself, but not having statutory force, is not amenable to writ jurisdiction.
Writ petitions against cooperative societies are not maintainable unless they perform public functions or can be classified as public authorities as per Article 12.
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