M.Jothimuthu Ramalingam vs The Registrar Of Co-Operative ...
2022 Latest Caselaw 4434 Mad

                                                                             W.P.(MD) No.4063 of 2022



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 07.03.2022

                                                      CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                             W.P.(MD) No.4063 of 2022
                                            W.M.P(MD).No.3476 of 2022

                     M.Jothimuthu Ramalingam                                      ... Petitioner

                                                            Vs.

                     1.The Registrar of Co-operative Societies,
                       No.170,E.V.R.Road,
                       Dr.Radhakrishnan Nagar ,
                       Razaak Garden ,
                       SBI Officers Colony,
                       Arumbakkam, Chennai - 106.

                     2 .The Chairman
                        Chennai Central Co-operative Bank Limited,
                        114/1, Prakasam Road,
                        Chennai - 600108.

                     3. The Additional Registrar of Co-Operative Societies / the Chairman,
                        Chennai District Recruitment Bureau ,
                        3rd Floor , No.91, St.Marys Road,
                        TANFED, Abiramapuram, Chennai -18.                      ... Respondents




                     _________
                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                  W.P.(MD) No.4063 of 2022



                                   Petition filed under Article 226 of the Constitution of India
                     praying for issuance of Writ of Mandamus directing the Respondents to
                     consider the Petitioner for appointment in the recruitment of Assistant Post
                     earmarked in the office of the 2nd Respondent vide notification No.
                     2/2019/DRB/CHN dated 30.01.2020 on the file of the 3rd Respondent
                     without discriminating his B.Com Degree ( optional subject Co-operation I
                     and II) from B.Com ( Co-operation ) by providing exemption from Co-
                     operative training.



                                   For Petitioner      :         Mr.R.Shankar Ganesh

                                   For Respondents     :         Mr.M.Ramesh,
                                                                 Government Advocate



                                                            ******
                                                           ORDER

The relief sought for in the present Writ Petition is to direct the

respondents to consider the petitioner's case for appointment to the post of

Assistant in the office of the second respondent.

_________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.4063 of 2022

2. Appointment can never be claimed as a matter of right. All

appointments are to be made strictly in accordance with the Recruitment

Rules in-force. The second respondent is a Co-operative Society registered

under the Tamil Nadu Co-operative Societies Act and not funded by the

Government. Therefore, the Society is not a State within the meaning of

Article 12 of the Constitution of India. Thus, the appointments to the Co-

operative Societies are to be made under Rule 149 of the Tamil Nadu Co-

operative Societies Rules and the special by-laws of the concerned Society

which was approved by the Competent Authorities under the Act. Therefore,

the petitioner has to participate in the process of selection for appointment

to the post in the Central Co-operative Bank. Furthermore, writ cannot be

entertained, in view of the judgment rendered by the Larger Bench of the

High Court of Madras in the case of K.Marappan vs. The Deputy Registrar

of Co-operative Societies, reported in 2006 4 (CTC) 689. For all these

reasons, the writ petitioner is at liberty to approach the Revisional Authority

and he cannot seek any direction to appoint him as Assistant in the Co-

operative Bank.

_________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.4063 of 2022

3. Accordingly, the Writ Petition stands dismissed. However, there

shall be no order as to costs. Consequently, connected miscellaneous

petition is closed.

07.03.2022

ssb Index:Yes Internet:Yes

To

1.The Registrar of Co-operative Societies, No.170,E.V.R.Road, Dr.Radhakrishnan Nagar , Razaak Garden , SBI Officers Colony, Arumbakkam, Chennai - 106.

2 .The Chairman Chennai Central Co-Operative Bank Limited, 114/1, Prakasam Road, Chennai - 600108.

3. The Additional Registrar of Co-Operative Societies / the Chairman, Chennai District Recruitment Bureau , 3rd Floor , No.91, St.Marys Road, TANFED, Abiramapuram, Chennai -18.

_________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.4063 of 2022

S.M.SUBRAMANIAM, J.

ssb

W.P.(MD) No.4063 of 2022

07.03.2022

_________

https://www.mhc.tn.gov.in/judis