S.R.Praveen Raj v. Registrar of Co-operatives Societies and Chairman, District Recruitment Bureau, M

W.P.No.18136 of 2020IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 11.11.2024CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.18136 of 2020 and W.M.P.Nos.22532 & 22534 of 2020V.D.Yamuna Devi ... PetitionerVs.1.The Secretary to Government, Co-operative Food and Consumer Protection Department, St.Fort George, Chennai – 600 009.2.The Registrar of Co-operative Societies, Kilpauk, Chennai.(R1 & R2 deleted as per the order of this Court in W.M.P.Nos.19234 of 24261 of 2021 dated 11.11.2024 by JSNPJ)3.The Chairman, District Recruitment Bureau of Co-operative Societies/Joint Registrar of Co-operative Societies, Arokiyasamy Street, K.K.Pudur, Coimbatore. … RespondentsWrit Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Madamus calling for the records relating to the order of the respondent passed in rejected the application No.Nil dated 29.11.2020 and quash the same and consequently direct the respondent to Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020accept the application form of the petitioner in Registration No.02500307 and recruited pursuant to the second respondent's advertisement No.01/2019 dated 09.08.2019 and advertisement No.3/2020 dated 13.03.2020.For Petitioner : Mr.S.SivaprakashFor Respondents 1 & 2 : Name deleted as per the order of the Hon'ble JSNPJ dated 11.11.2024For Respondent 3 : Mr.A.Anandhan, Government Advocate O R D E RThis writ petition has been filed by the petitioner to call for the records relating to the order of the respondent passed in rejected the application No.Nil dated 29.11.2020 and quash the same and consequently direct the respondent to accept the application form of the petitioner in Registration No.02500307 and recruited pursuant to the second respondent's advertisement No.01/2019 dated 09.08.2019 and advertisement No.3/2020 dated 13.03.2020.2. The case of the petitioner is that she has studied ECE in Anna University and completed P.G. Diploma in Co-operative Management in Annamalai University and working in Coimbatore City Co-operative Bank limited. This being so, the District Recruitment Bureau of Co-operative Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020Society, Coimbatore District in Notification No.3/2020 dated 13.03.2020 invited applications for the post of Assistants in Coimbatore District Central Co-operative Bank and the petitioner has also submitted her application vide Registration No.02500307 through online. However, the third respondent rejected the application of the petitioner on the ground that “necessary educational qualification not possessed”. Challenging the same, the petitioner has come forward with the present writ petition.3. Learned counsel for the petitioner would further submit that though the petitioner has possessed the prescribed education qualification of Degree in Engineering (ECE) and Diploma in Co-operative Management for the post of Assistant in Coimbatore District Central Co-operative Bank, the third respondent has rejected the petitioner's application and the same is not sustainable. Hence, he prayed to allow this writ petition. 4. Learned Government Advocate appearing for the third respondent has filed a counter affidavit dated 27.01.2021. For better appreciation, the relevant portion of the counter is extracted hereunder:“ 8. It is submitted that the petitioner stated that he Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020completed Post Graduate Diploma in Co-operative Management in Annamalai University. The Hon'ble High Court Madurai Bench order dated : 13.11.2019 in W.P.No.20924 of 2019 (S.R.Praveen Raj Vs. Registrar of Co-operatives Societies and Chairman, District Recruitment Bureau, Madurai) ordered as below:-“The Post Graduate Diploma course conducted by Annamalai University did not have the subjects like Co-operative Law, Financial Accounting and Auditing, Business Development Planning and Policy. Therefore, the said Certificate is not equivalent to the Co-operative Management as contemplated in Rule 149 of Tamil Nadu Co-operative Societies Rules.”11. There is no legal grounds to allow this writ petition as the petitioner without possessing the necessary educational qualification as called for in the Notification No.3/2020 dated : 13.03.2020 and misleading the Court stating his personal family situation and blaming the respondent that the rejection of his application was not spoken.”5. Heard the learned counsel on either side and perused the materials available on record.6. On perusal of the Notification No.03/2020 dated 13.03.2020 as well as Circular No.29/2013 dated 18.07.2013, it is clear and evident that a candidate should have undergone Co-operative Training for appointment to Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020the post of Assistant. For better appreciation, the relevant portion of the Circular No.29/2013 dated 18.07.2013 is extracted hereunder:“ 7. In the circumstances stated above, it is hereby instructed that “Cooperative Training” shall continue to be “necessary other qualification” for appointment to all the Administrative posts from the lower level post of Junior Assistants/Salesman/Attender to the top level post of Secretary/General Manager/Executive Officer. The Additional Registrar, Chennai Region, all the Regional Joint Registrars and all the Circle Deputy Registrars are requested to ensure that the special by-laws relating to the service conditions of employees of any Primary or Central or Apex Cooperative Society or Cooperative bank, which do not specify “Co-operative Training” as a “necessary other qualification” is amended suitably as in special by-law No.4(1) of the model special by-laws relating to service conditions of employees of Primary Agricultural Cooperative Credit Societies communicated in Registrar's letter RC.74487/2012/PACS-1, dated 27.08.2012, an extract of which is sent herewith.”It is also pertinent to extract the educational qualification mentioned in Notification No.03/2020 dated 13.03.2020:M/fy;tpj; jFjp/ VnjDk; xU gl;lg; gog;g[ (Any Degree) (10+2+3 Kiwapy;) kw;Wk;/ Tl;Lwt[g; gapw;rp kw;Wk;/ fzpdp gad;ghl;oy; mog;gil mwpt[ bgw;wpUj;jy; ntz;Lk; (Computer Application)Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020/ gy;fiyf; fHf';fshy; tH';fg;gLk; gl;lg; gog;gpw;Fg; gjpyhf. gjpide;J Mz;Lfs; ,uhQqtj;jpy; gzp g[hpe;jth;fSf;F ,uhQqtj;jhy; gH';fg;gLk; gl;lg; gog;g[r; rhd;wpjH; (Military Graduation) bgw;Ws;s Kd;dhs; ,uhQqtj;jpdh;fSk; tpz;zg;gpf;fyhk;/ Mdhy; mth;fs; gs;sp ,Wjpj; njh;t[k; (SSLC) nky; epiyf; fy;tpa[k; (HSC) Kiwahf gs;spapy; gapd;W njh;r;rp bgw;wpUf;f ntz;Lk;/fPH;f;fhz;git Tl;Lwt[g; gapw;rpahff; fUjg;gLk;1/ jkpH;ehL Tl;Lwt[ xd;wpaj;jhy; elj;jg;gLk; Tl;Lwt[ nkyhz;ik epiya';fspy; tH';fg;gLk; Tl;Lwt[g; gapw;rp (Diploma in Cooperative Management)2/ g[J bly;yp. njrpa Tl;Lwt[g; gapw;rpf; FGtpd; fl;Lg;ghl;oy; cs;s brd;id enlrd; Tl;Lwt[ nkyhz;ik epiyak; kw;Wk; kJiu Tl;Lwt[ nkyh;ik epiyak;K:yk; elj;jg;gLk; cah; Tl;Lwt[g; gapw;rp (Higher Diploma in Cooperative Management) 7. In the present case on hand, the petitioner has not undergone the Co-operative Training as stipulated in the Circular No.29/2013 dated 18.07.2013 as well as in the Notification No.03/2020 dated 13.03.2020 and she has done P.G. Diploma in Co-operative Management from Annamalai University for the year 2016-2017, which the Madurai Bench of this Court has declared as not equivalent to the P.G. Diploma in Co-operative Management as contemplated in Rule 149 of Tamil Nadu Co-operative Societies Rules. 8. Since the Madurai Bench of this Court has already declared that the Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020P.G. Diploma in Co-operative Management conducted by Annamalai University is not equivalent to P.G. Diploma in Co-operative Management as contemplated in Rule 149 of Tamil Nadu Co-operative Societies Rules, she does not possess mandatory education qualification of diploma in Co-operation or other equivalent courses on par with Co-operative Management as listed in Notification No.3/2020 dated 13.03.2020, the petitioner is not eligible for the post of Assistant. Hence, the third respondent has rightly rejected the application of the petitioner.9. In view of the above factual matrix of the case, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.11.11.2024 (vm) Index:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoNote: Registry is directed to carry out the necessary amendment in the cause title.Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020J.SATHYA NARAYANA PRASAD,J.vmTo:The Chairman,District Recruitment Bureau of Co-operativeSocieties/Joint Registrar of Co-operative Societies,Arokiyasamy Street,K.K.Pudur, Coimbatore.W.P.No.18136 of 202011.11.2024Page No.8 of 8

W.P.No.18136 of 2020IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 11.11.2024CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.18136 of 2020 and W.M.P.Nos.22532 & 22534 of 2020V.D.Yamuna Devi ... PetitionerVs.1.The Secretary to Government, Co-operative Food and Consumer Protection Department, St.Fort George, Chennai – 600 009.2.The Registrar of Co-operative Societies, Kilpauk, Chennai.(R1 & R2 deleted as per the order of this Court in W.M.P.Nos.19234 of 24261 of 2021 dated 11.11.2024 by JSNPJ)3.The Chairman, District Recruitment Bureau of Co-operative Societies/Joint Registrar of Co-operative Societies, Arokiyasamy Street, K.K.Pudur, Coimbatore. … RespondentsWrit Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Madamus calling for the records relating to the order of the respondent passed in rejected the application No.Nil dated 29.11.2020 and quash the same and consequently direct the respondent to Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020accept the application form of the petitioner in Registration No.02500307 and recruited pursuant to the second respondent's advertisement No.01/2019 dated 09.08.2019 and advertisement No.3/2020 dated 13.03.2020.For Petitioner : Mr.S.SivaprakashFor Respondents 1 & 2 : Name deleted as per the order of the Hon'ble JSNPJ dated 11.11.2024For Respondent 3 : Mr.A.Anandhan, Government Advocate O R D E RThis writ petition has been filed by the petitioner to call for the records relating to the order of the respondent passed in rejected the application No.Nil dated 29.11.2020 and quash the same and consequently direct the respondent to accept the application form of the petitioner in Registration No.02500307 and recruited pursuant to the second respondent's advertisement No.01/2019 dated 09.08.2019 and advertisement No.3/2020 dated 13.03.2020.2. The case of the petitioner is that she has studied ECE in Anna University and completed P.G. Diploma in Co-operative Management in Annamalai University and working in Coimbatore City Co-operative Bank limited. This being so, the District Recruitment Bureau of Co-operative Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020Society, Coimbatore District in Notification No.3/2020 dated 13.03.2020 invited applications for the post of Assistants in Coimbatore District Central Co-operative Bank and the petitioner has also submitted her application vide Registration No.02500307 through online. However, the third respondent rejected the application of the petitioner on the ground that “necessary educational qualification not possessed”. Challenging the same, the petitioner has come forward with the present writ petition.3. Learned counsel for the petitioner would further submit that though the petitioner has possessed the prescribed education qualification of Degree in Engineering (ECE) and Diploma in Co-operative Management for the post of Assistant in Coimbatore District Central Co-operative Bank, the third respondent has rejected the petitioner's application and the same is not sustainable. Hence, he prayed to allow this writ petition. 4. Learned Government Advocate appearing for the third respondent has filed a counter affidavit dated 27.01.2021. For better appreciation, the relevant portion of the counter is extracted hereunder:“ 8. It is submitted that the petitioner stated that he Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020completed Post Graduate Diploma in Co-operative Management in Annamalai University. The Hon'ble High Court Madurai Bench order dated : 13.11.2019 in W.P.No.20924 of 2019 (S.R.Praveen Raj Vs. Registrar of Co-operatives Societies and Chairman, District Recruitment Bureau, Madurai) ordered as below:-“The Post Graduate Diploma course conducted by Annamalai University did not have the subjects like Co-operative Law, Financial Accounting and Auditing, Business Development Planning and Policy. Therefore, the said Certificate is not equivalent to the Co-operative Management as contemplated in Rule 149 of Tamil Nadu Co-operative Societies Rules.”11. There is no legal grounds to allow this writ petition as the petitioner without possessing the necessary educational qualification as called for in the Notification No.3/2020 dated : 13.03.2020 and misleading the Court stating his personal family situation and blaming the respondent that the rejection of his application was not spoken.”5. Heard the learned counsel on either side and perused the materials available on record.6. On perusal of the Notification No.03/2020 dated 13.03.2020 as well as Circular No.29/2013 dated 18.07.2013, it is clear and evident that a candidate should have undergone Co-operative Training for appointment to Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020the post of Assistant. For better appreciation, the relevant portion of the Circular No.29/2013 dated 18.07.2013 is extracted hereunder:“ 7. In the circumstances stated above, it is hereby instructed that “Cooperative Training” shall continue to be “necessary other qualification” for appointment to all the Administrative posts from the lower level post of Junior Assistants/Salesman/Attender to the top level post of Secretary/General Manager/Executive Officer. The Additional Registrar, Chennai Region, all the Regional Joint Registrars and all the Circle Deputy Registrars are requested to ensure that the special by-laws relating to the service conditions of employees of any Primary or Central or Apex Cooperative Society or Cooperative bank, which do not specify “Co-operative Training” as a “necessary other qualification” is amended suitably as in special by-law No.4(1) of the model special by-laws relating to service conditions of employees of Primary Agricultural Cooperative Credit Societies communicated in Registrar's letter RC.74487/2012/PACS-1, dated 27.08.2012, an extract of which is sent herewith.”It is also pertinent to extract the educational qualification mentioned in Notification No.03/2020 dated 13.03.2020:M/fy;tpj; jFjp/ VnjDk; xU gl;lg; gog;g[ (Any Degree) (10+2+3 Kiwapy;) kw;Wk;/ Tl;Lwt[g; gapw;rp kw;Wk;/ fzpdp gad;ghl;oy; mog;gil mwpt[ bgw;wpUj;jy; ntz;Lk; (Computer Application)Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020/ gy;fiyf; fHf';fshy; tH';fg;gLk; gl;lg; gog;gpw;Fg; gjpyhf. gjpide;J Mz;Lfs; ,uhQqtj;jpy; gzp g[hpe;jth;fSf;F ,uhQqtj;jhy; gH';fg;gLk; gl;lg; gog;g[r; rhd;wpjH; (Military Graduation) bgw;Ws;s Kd;dhs; ,uhQqtj;jpdh;fSk; tpz;zg;gpf;fyhk;/ Mdhy; mth;fs; gs;sp ,Wjpj; njh;t[k; (SSLC) nky; epiyf; fy;tpa[k; (HSC) Kiwahf gs;spapy; gapd;W njh;r;rp bgw;wpUf;f ntz;Lk;/fPH;f;fhz;git Tl;Lwt[g; gapw;rpahff; fUjg;gLk;1/ jkpH;ehL Tl;Lwt[ xd;wpaj;jhy; elj;jg;gLk; Tl;Lwt[ nkyhz;ik epiya';fspy; tH';fg;gLk; Tl;Lwt[g; gapw;rp (Diploma in Cooperative Management)2/ g[J bly;yp. njrpa Tl;Lwt[g; gapw;rpf; FGtpd; fl;Lg;ghl;oy; cs;s brd;id enlrd; Tl;Lwt[ nkyhz;ik epiyak; kw;Wk; kJiu Tl;Lwt[ nkyh;ik epiyak;K:yk; elj;jg;gLk; cah; Tl;Lwt[g; gapw;rp (Higher Diploma in Cooperative Management) 7. In the present case on hand, the petitioner has not undergone the Co-operative Training as stipulated in the Circular No.29/2013 dated 18.07.2013 as well as in the Notification No.03/2020 dated 13.03.2020 and she has done P.G. Diploma in Co-operative Management from Annamalai University for the year 2016-2017, which the Madurai Bench of this Court has declared as not equivalent to the P.G. Diploma in Co-operative Management as contemplated in Rule 149 of Tamil Nadu Co-operative Societies Rules. 8. Since the Madurai Bench of this Court has already declared that the Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020P.G. Diploma in Co-operative Management conducted by Annamalai University is not equivalent to P.G. Diploma in Co-operative Management as contemplated in Rule 149 of Tamil Nadu Co-operative Societies Rules, she does not possess mandatory education qualification of diploma in Co-operation or other equivalent courses on par with Co-operative Management as listed in Notification No.3/2020 dated 13.03.2020, the petitioner is not eligible for the post of Assistant. Hence, the third respondent has rightly rejected the application of the petitioner.9. In view of the above factual matrix of the case, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.11.11.2024 (vm) Index:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoNote: Registry is directed to carry out the necessary amendment in the cause title.Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.18136 of 2020J.SATHYA NARAYANA PRASAD,J.vmTo:The Chairman,District Recruitment Bureau of Co-operativeSocieties/Joint Registrar of Co-operative Societies,Arokiyasamy Street,K.K.Pudur, Coimbatore.W.P.No.18136 of 202011.11.2024Page No.8 of 8