C.W.P. No.12753 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.12753 of 2008 DATE OF DECISION: JULY 31, 2009 Surender Singh .....PETITIONER Versus Managing Director, Haryana State Federation of Cooperative Sugar Mills Limited, Panchkula and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.Nilesh Bhardwaj, Advocate, for the petitioner. None for respondent No.1. Mr.Ramesh Chahal, Advocate, for respondents No.2 and 3. .. SATISH KUMAR MITTAL, J. The petitioner, who is working as Purchase Officer in the Meham Cooperative Sugar Mills Limited (respondent No.2 herein), has filed the instant petition under Articles 226/227 of the Constitution of India for quashing the order dated 17.6.2008 passed by respondent No.1, exercising the powers of Registrar, Cooperative Societies, Haryana, amending the qualifications for the post of Commercial Manager, which was to be filled up by direct recruitment; and the subsequent advertisement dated 25.6.2008, whereby the applications were invited for the said post in Meham Cooperative Sugar Mills Limited. C.W.P. No.12753 of 2008 -2- Undisputedly, the Standing Committee on Public Enterprises of the Government of Haryana decided to create one post of Commercial Manager in all the Cooperative Sugar Mills in Haryana. Respondent No.1 while exercising the powers of Registrar, Cooperative Societies, accorded approval under the provisions of Service Rules for creation of the post of Commercial Manager along with following qualification and pay scale:- “MBA 1st Division with specialization in Finance/Marketing from a recognised University/Institute with three years experience in any Public Sector Undertaking or a Limited Company (Public or Private) with a turnover of minimum Rs.50.00 crores per annum.” Pay Scale: Rs.10,000-325-15200 (Govt. scale) + allowance as per Government.” Subsequently vide order dated 22.5.2008, respondent No.1 clarified that the post of Commercial Manager has been created under the direct recruitment cadre and keeping in view the nature of work and absence of description of basic qualification of the post in earlier prescribed qualification, the following amendment was made in the qualification for the post of Commercial Manager:- “Academic: Graduation in Commerce or Economics or Mathematics with minimum 55% marks from any recognized University. Professional: MBA (1st Division) with specialization in Finance/Marketing from a recognized University/Institute. Experience: Three years working experience of reputed Public Sector Undertakings or a Limited Company (Public or Private) with a turnover of minimum Rs.50.00 crores per annum.” C.W.P. No.12753 of 2008 -3- In pursuance of the said amendment, the aforesaid advertisement dated 25.6.2008 was issued. The petitioner, who is working as Purchase Officer in Meham Cooperative Sugar Mills Limited and possessing M.A. Degree in Public Administration and a Post Graduate Diploma in Purchasing, Store-keeping and Material Management along with a Degree in M.B.A., made a representation to the respondents for his promotion on the said post. After considering the matter, respondent No.1 rejected the said representation on the ground that the post of Commercial Manager has been created under the direct recruitment cadre. It is the case of the petitioner that respondent No.1 in exercise of the powers of Registrar, Cooperative Societies, in a colourable, arbitrary and mala fide manner changed the earlier qualification for the post of Commercial Manager with an oblique motive to exclude the internal candidates like the petitioner. It is further the case of the petitioner that the amendment in the qualification has no rationale or nexus with the object sought to be achieved, therefore, the same is arbitrary and liable to be quashed. After hearing the arguments of the learned counsel for the parties and going through the stand taken by them, I do not find any merit in the instant petition. Under Section 37(2) of the Haryana State Cooperative Societies Act, 1984 (hereinafter referred to as `the Act'), Registrar, Cooperative Societies has the statutory powers to make rules to regulate recruitment and conditions of services of the employees. Respondent No.1 being Apex Society is the controlling authority and he exercised the powers of the Registrar under the Act. Section 37(2) of the Act reads as under:- “37(2) When a common cadre is constituted under sub- C.W.P. No.12753 of 2008 -4- section (1), the Registrar shall make rules to regulate recruitment and the conditions of service of such employees and their strength in consultation with the cadre society.: Provided that the Registrar may add or delete any class of employees from the common cadre in consultation with the cadre society.” Rule 29 of the Haryana Cooperative Societies Rules, 1989 further provides that every Society shall make rules to regulate the recruitment and conditions of service for its employees with the approval of the Registrar. Therefore, in this case, respondent No.1 was fully competent to frame the Service Rules and to add or delete any class and to make amendment in the said rules or to prescribe the qualification to regulate recruitment and conditions of services of the employees. Thus, respondent No.1 in exercise of the said power has prescribed the essential qualification according to the requirement of the post. It is for the employer to lay down the qualification for recruitment of a particular post. The decision of the competent authority in framing the rules or prescribing the essential qualification cannot be said to be a matter of judicial review unless the rules or the amendments are violative of the provisions of Constitution of India. After considering the matter, I do not find that the qualification prescribed for the post of Commercial Manager vide impugned order dated 17.6.2008 is in any way arbitrary, illegal, violative of the provisions of Constitution of India or mala fide. It cannot be said that the amendment in the qualification has been made with an intention to exclude any particular person. Keeping in view the nature of duties and responsibilities of the post and the requirement of the job, the aforesaid qualification has been prescribed vide impugned order dated 17.6.2008, which, in my opinion, C.W.P. No.12753 of 2008 -5- cannot be said to be illegal, arbitrary or mala fide. Therefore, in my view, no interference is required in the impugned order (Annexure P5) and the subsequent advertisement (Annexure P6). Dismissed. July 31, 2009 (SATISH KUMAR MITTAL) vkg JUDGE