C/SCA/20955/2015 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION NO. 20955 of 2015

With

SPECIAL CIVIL APPLICATION NO. 21235 of 2015

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE K.M.THAKER

Sd/-

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1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

YES

2 To be referred to the Reporter or not ?

NO

3 Whether their Lordships wish to see the fair copy of the

judgment ?

NO

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

NO

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SABARKANTHA DISTRICT CENTRAL CO OPERATIVE BANK LTD

Versus

DISTRICT REGISTRAR CO OPERATIVE SOCIETIES

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Appearance:

MR GM JOSHI(370) for the PETITIONER(s) IN SCA No.20955 OF 2015

MR K.M. PATEL, SENIOR COUNSEL WITH MR V.K. PATEL, ADVOCATE

for the PETITIONER IN SCA No.21235 OF 2015

MS RITU GURU, AGP (1) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER

Date : 23/10/2018

COMMON ORAL JUDGMENT

1.

Heard Mr.Joshi, learned advocate for the

petitioner in SCA No.20955/2015 and Mr.K.M.

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C/SCA/20955/2015 JUDGMENT

Patel, learned senior counsel with Mr.V.K. Patel,

learned advocate for the petitioner in SCA

No.21235/2015 as well as Ms.Guru, learned AGP for

the respondent State.

2.

So far as SCA No.20955/2015 is concerned, the

petitioner – a co-operative bank has challenged

communication / order dated 18.12.2015 directing

the petitioner bank to withhold and postpone the

process of recruitment of employees in clerical

grade.

3.

A similar communication / order of even date

(i.e. 18.12.2015) with similar direction is

placed under challenge by the petitioner Milk

Producers Society in SCA No.21235/2015.

4.

In SCA No.20955/2015, the petitioner has

prayed, inter alia, that:

“6(a)

This Honourable Court may be pleased to issue a writ of

mandamus or in the nature of mandamus or any other

appropriate, writ order or direction, quashing and

setting aside the communication / order / action dated

18.12.2015 of the respondent directing the petitioner

bank to stall / postpone the process of recruitment of

employees in clerical grade as ultra vires section 44A,

76 & 160 of the Gujarat Cooperative Societies Act, 1961

and articles 14 & 19(1)(g) of the Constitution of

India;”

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C/SCA/20955/2015 JUDGMENT

5.

Whereas in SCA No.20955/2015, the petitioner

has prayed, inter alia, that:

“56(a) This Honourable Court may be pleased to issue a writ of

mandamus or in the nature of mandamus or any other

appropriate, writ order or direction, quashing and

setting aside the communication / order dated 18.12.2015

of the respondent directing the petitioner to suspend /

postpone the process of recruitment of employees;”

6.

In SCA No.20955/2015, the Court granted

interim relief vide order dated 21.12.2015, which

reads thus:

“Notice returnable on 04.01.2016. Direct service is permitted.

In the meantime, by way of ad-interim relief, the impugned

communication / order dated 18.12.2015 passed by the District

Registrar at Annexure D shall remain stayed with further

direction that the petitioner shall not finalize recruitment

process based on public notice at Annexure C. At the request of

learned Senior Advocate Mr. K.M.Patel appearing with Mr.Joshi,

learned advocate for the petitioner it is observed that it will

be