Karnataka High Court
Vijay Mahantesh Co-Operative Bank Ltd vs The State Of Karnataka on 20 June, 2014
Author: Aravind Kumar
Bench: Aravind Kumar
:1:
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 9TH DAY OF JULY, 2013
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION NO.78724/2013 (S-RES)
BETWEEN:
VIJAY MAHANTESH CO-OPERATIVE BANK LTD
HUNGUND, DIST: BAGALKOT
R/BY ITS GENERAL MANAGER
SRI. MANOHAR S/O. VITHAL WALMIKI, AGE 56 YEARS,
R/AT: TEGGINMATH ONI, HUNGUND, DIST: BAGALKOT.
... PETITIONER
(BY SRI.: A.T.SAVANUR, PETITIONER)
AND
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL
SECRETARY TO THE DEPARTMENT
OF CO-OPERATION
M.S. BUILDING, BANGALORE
2. THE STATE OF KARNATAKA
R/BY THE JOINT SECRETARY
(OFFICER ON SPECIAL DUTY)
DEPT. OF CO-OPERATION, ALI AKSAR ROAD,
BANGALORE
:2:
3. THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, DEPT. OF CO-OPERATION, ALI ASKAR
ROAD,
BANGALORE
4. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
BAGALKOT.
... RESPONDENTS
(BY SRI.R.SATYAMURTHY, HCGP FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
QUASH THE GOVERNMENT ORDER
DATED:13/06/2011, FILED AT ANNEXURE-C, WHICH IS
PASSED BY THE RESPONDENT NO.1.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING, THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
Petitioner is seeking for quashing of the Government Order bearing No.CO:15:CLM:2005 dated 13/6/2011 and direction bearing No.UBC- 3/01/USC/2013-14 dated 5/4/2013-Annexure-E, whereunder, the State exercising the power under Section 30-B of the Karnataka :3: Cooperative Societies Act, 1959, (hereafter referred to as 'Act') has issued a direction in the nature of conditions and restrictions for the appointment of staff by prescribing the qualifying examination, marks for the written examination, percentage for the viva-voce.
2. Petitioner is a Co-operative Bank registered under the Co-operative Societies Act. It is engaged in the banking business having branches at Amingad, Gudur, Ilkal, Bagalkot in Bagalkot district and at Karatgi and Koppal in Koppal District. Petitioner -Co-operative Bank is undisputedly governed by the provisions of Karnataka Co- operative Societies Act (hereinafter referred to as 'the Act') and rules framed thereunder.
3. Second respondent exercising the power under Section 30(b) of the Act has issued the impugned notification dated 13/6/2011 imposing certain conditions on the Cooperative Societies in the matter of fixing the cadre strength and recruitment. The impugned :4: notification imposed the method of conducting examination awarding of marks, qualification to the post, roaster etc. Petitioners are aggrieved by the said notification and as such they have approached this Court.
4. Coordinate Bench of this Court, in the case of Tumkur District Central Cooperative Bank Ltd. Vs. State of Karnataka and others and connected matter i.e. in WP No.45889/2011 and connected with WP 7398/2012 disposed of on 28/6/2012 while examining similar claims and on scrutiny of the statutory provisions and the power of the Government has issued certain directions which are as under:-
"Para 11 - A perusal of the conditions specified in the impugned Government notification-Annexure-F makes it clear that it is nothing but interference with the freedom and autonomy guaranteed to the petitioners under Section 98-E of the Act. Therefore, :5: the impugned notification is contrary to Section 98- E of the Act".
5. It has been further held by this Court that such guidelines specifying in the matter of recruitment are not applicable to Co-operative Societies/Banks defined under the Co-operative Credit Structure under Section 2(b)(2) of the Act, and such direction can be issued only to the Co- operative Societies other than one specified under Section 2(b)(2). Petitioner-Bank being similarly placed and this Court having already quashed the notification impugned in the present writ petition, I have not hesitation in holding that the same relief is required to be extended to the petitioner in the present writ petition. Hence, for the reasons stated herein above and for the reasons assigned by Co-ordinate Bench in W.P. Nos. 45889/2011, 7398/2012 disposed of on 28.06.2012, I pass the following order:-
i) Writ petition is partly allowed.:6:
ii) It is declared that impugned notification dated * *13.06.2011 annexed to *17/6/2011 i.e. Annexure-C is not applicable to the petitioner-Bank as it is covered under the Cooperative Credit Structure as defined under Section 2(b)(2) of the Act.
iii) Petitioners shall strictly follow the reservation policy of the Karnataka and Human Resources Policy for short time Co-operative Credit Structure guidelines as specified by the NABARD. Ordered accordingly.
Learned HCGP is permitted to file memo of appearance within four weeks.
SD/-
JUDGE Vmb * corrected vide court order dt.20.6.2014.
:7:HBJ :
20.6.2014 W.P.No.78724/2013 Order on I.A.No.1/2013 I.A.No.1/2013 has been filed by the petitioner praying to correct the date as 13.6.2011 instead of 17.6.2011 in sub-para (ii) of para No.5 at page No.6.
It is noticed, the date of notification is 13.6.2011 and it is annexed to Annexure-'C'.
Therefore, I.A.No.1/2013 is allowed and office is directed to correct the date as 13.6.2011 annexed to Annexure-'C' instead of 17.6.2011 in sub-para (ii) of para No.5 at page No.6 of the final order.
Sd/-
JUDGE Bss.