When a mandatory skill test for membership in a cooperative society is challenged due to allegations of forgery and procedural lapses, the appropriate remedy is to conduct a fresh skill test to determine eligibility fairly.

(Special Original Jurisdiction)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the inaction of the 4th respondent in taking steps to admitting the petitioners as members in the 7th respondent society though the skill test was conducted on the petitioners in terms of G.O.Ms.No.74 (Animal Husbandry, Dairy Development and Fisheries (F.ll) Department) dated 21.10.2011 as illegal, arbitrary and violation of G.O.Ms.No.74 (Animal Husbandry, Dairy Development and Fisheries (F.ll) Department) dated 21.10.2011 and consequently direct the respondents to complete the process of admitting the petitioners as members into the 7th respondent society

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant interim direction directing the respondents 3&4 to take necessary steps to admitting the petitioners into the 7th respondent society as a members as they were participated in the skill test in terms of G.O.Ms.No.74, dated 21.10.2011, pending disposal of the above writ petition

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave to the Petitioner herein/Respondent No.7 therein in the main writ petition to submit the said Counter Affidavit in W.P.No.6073 of 2025 and to pass

Counsel for the Petitioner(S):

1. B V ANJANEYULU

Counsel for the Respondent(S):

1. RAMESH BABU TATAPUDI

2. GP FOR FISHERIES

The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY

W.P.No.6073 of 2025

O R D E R:

This writ petition is filed questioning the action of Respondents in not admitting the Petitioners as members of the Respondent No.7-Society though the Petitioners had qualified in the skill test conducted as illegal and arbitrary.

The Petitioners are residents of Vinnakota Village, Gudlavalleru Mandal, Krishna District and eking out their livelihood by doing agriculture labor and by catching fish. Respondent No.7-Society was established with 30 members in the year 1992 and Panchayat tanks are being given on lease. While so, nine (9) members had expired with passage of time and in the general body meeting on 13.03.2023, a resolution was passed to admit new members. For admitting members into fisherman cooperative societies, skill test in terms of G.O.Ms.No.74 Animal Husbandry, Dairy Development & Fisheries (F.II) Department, dated 21.10.2011 has to be conducted. As the skill test was not being conducted, Respondent No.7 filed W.P.No.2010 of 2024 before this Court. In the interregnum, skill test was conducted and the writ petition was disposed of on 01.02.2024, recording the said fact. It is stated that in the skill test conducted, the Petitioners were declared to be qualified to be admitted as members of the Respondent No.7- Society. However, the Petitioners were not being admitted. Hence, the present writ petition is filed.

In the counter of affidavit filed by Respondent No.4, it is stated that Sri G.Naga Raju, Village Revenue Officer, had filed a complaint stating that he did not attend the skill test on 27.02.2024 and did not sign on the Masooda form. Further, allegations were made against the then Assistant Director of Fisheries, Sri N.Venkateswara Reddy, that he had forged his signature. A criminal complaint was also registered in Crime No.199 of 2024 under Sections of 465, 468 and 471 IPC in Gudlavalleru Police Station, Krishna District.

In the counter affidavit filed by Respondent No.7, it is stated that the skill test was not conducted in terms of G.O.Ms.74 dated 21.10.2011. The Petitioners, who are said to have been qualified in the skill test conducted on 27.02.2024 are