Mihir Nath v. State Of Tripura And 4 ORS.




 

     



 !
son
of
late
Manoranjan
Nath,
resident
of
village
-
Narsingpur,
P.O.
&
P.S.
Kanchanpur,
District
-
North
Tripura


 ""



#

$# %# &'&

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!
represented
by
the
Secretary
cum
Commissioner,
Department
of
Co$ Operation,
Govt.
of
Tripura,
New
Civil
Secretariat,
P.O.
Kunjaban,
Agartala,
District
-
West
Tripura




# #)

!
of
Co$Operative
Societies,
Department
of
Co$Operation,
Government
of
Tripura,
P.O.
Agartala,
District
-
West
Tripura
*
#

#& +#$ !
Krishak
Mangal
LAMPS
Ltd.,
Vill
-
Srirampur,
P.O.
&
P.S.
Kanchanpur,
District
-
North
Tripura




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('

!
Managing
Director,
Krishak
Mangal
LAMPS
Ltd.,
Vill
-
Srirampur,
P.O.
&
P.S.
Kanchanpur,
District
-
North
Tripura

.


'&$ ,/!
son
of
Sri
Mukta
Kishore
Chakma,
resident
of
village
-
Srirampur,
P.O.
&
P.S.
Kanchanpur,
District
-
North
Tripura

 " #&($+#$ &

[2] 0

  10

2 
  
For
the
petitioner













:

Mr.
A.C.
Bhowmik,
Sr.
Advocate








Mr.
D.
Sarkar,
Advocate
For
the
respondents






:

Mr.
J.
Majumder,
Advocate




Date
of
hearing
and












:

34.
delivery
of
judgment

&
order

Whether
it
is
fit
for
reporting





:

9#&  √
5 6 5   Heard
Mr.
A.C.
Bhowmik,
learned
senior
counsel
assisted
by
Mr.
D.
Sarkar,
learned
counsel
appearing
for
the
petitioner
as
well
as
Mr.
J
Majumder,
learned
counsel
appearing
for
the
respondents.
78 The
grievance
of
the
petitioner
falls
within
a
short
compass.
By
virtue
of
the
Memorandum
dated
13.08.

2010,
Annexure$B
to
the
writ
petition,
a
practice
direction
for
consideration
of
the
Large
Sized
Agricultural
Multipurpose
Co$ operative
Societies,
in
short
the
LAMPS,
was
issued
by
the
Registrar
of
Co$operative
Societies
in
respect
of
recruitment
of
the
Managing
Director.
A
model
recruitment
rule
is
annexed
with
the
memorandum
dated
13.08.2010.





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7*8
According
to
the
petitioner,
in
contrast
to
that
model
recruitment
rules
an
employment
notice
was
issued
by
the
Managing
Director,
Krishak
Mangal
LAMPS
Ltd.
under
the
signature
of
the
respondent
No.4
where
the
educational
qualification
for
the
Scheduled
Tribe
and
Scheduled
Caste
candidates
has
been
shown
to
be
Madhyamik
passed
and
for
others,
graduation.
In
addition
to
that,
it
has
been
provided
that
the
local
candidate
would
be
given
preference.

In
response
to
that
notice,
Annexure$A
to
the
writ
petition,
the
petitioner
appeared
in
the
selection
process
without
raising
any
protest
for
deviation
from
the
prescription
of
the
model
recruitment
rules,
when
he
found
him
not
successful
on
culmination
of
the
selection
process,
by
laying
down
the
grievances
as
above,
the
petitioner
has
approached
this
Court.


78
Mr.
A.C.
Bhowmik,
learned
senior
counsel
has
submitted
that
the
LAMPS
Ltd.

[4] Societies
inasmuch
as
he
holds
the
position
to
regulate

activities
of
the
societies
in
the
State
of
Tripura
under
Section
92
of
the
Tripura
Co$operative
Societies
Act,
1974
as
amended
from
time
to
time.

As
such,
by
deviating
from
the
essential
qualification
as
prescribed
by
the
model
recruitment
rules,
the
LAMPS
has
committed
serious
illegality
and
in
the
process,
an
efficient
person
has
been
discarded.
 7.8
Mr.
J.
Majumder,
learned
counsel
appearing
for
the
respondents
has
succinctly
submitted
that
the
petitioner
is
estopped
from
raising
such
objection
as
he
appeared
in
the
selection
process
on
acceding
the
employment
notice.

That
apart,
the
proposed
practice
direction
cannot
obligate
the
LAMPS
as
the
Co$operative
Society
is
an
entity
created
by
the
Tripura
Co$operative
Societies
Act.
The
said
memorandum
containing
the
model
recruitment
rules
is
in
the
form
of
advisory
which
is
not
binding.
Moreover,
by
bringing
about
an
amendment
being
Tripura
Co$operative
Society
(2nd
Amendment)
Act
confusion
or
area
not
properly
defined
has
been
plugged.
Section
20A
of
the
Tripura
Co$operative
Societies
Act,
2009
after
the
said
amendment
provides
as
under:

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0

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$ (;

:#& $+ $+ +'; ;$ +#:

$&! +

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/#$ ! (& $)$+:/(#$& $ &  #

$ # $; :$ ; &?& #/&! (( $ /#$ '+  &$+:/(#$& $   #'+  748 It
is
therefore,
according
to
Mr.
J.
Majumder,
learned
counsel
appearing
for
the
respondents
that
the
LAMPS
has
its
unbridled
authority
in
respect
of
the
personnel
policy,
staffing,
recruitment,
posting
and
compensation
to
staff.
The
Registrar
of
Co$operative
Societies
even
cannot
interfere
with
in
such
matter
as
encompassed
by
the
said
amendment
in
the
Act.
 7I8 Having
due
regard
to
the
submission
made
by
the
learned
counsel
appearing
for
the
parties
and
in
view
of
the
law
enunciated
by
the
apex
court
in
/

,& ',; C& , ;#& @'/  ',; reported
in J34'((  34 and
$+

,& 

 C& ,'$ ; ',;! reported
in
4I!this
Court
is
constrained
to
hold
that
the
petitioner
is
estopped
to
raise
any
objection
unless
the
petitioner
can
establish
that
any
rule
having
the
force
of
statute
has
been
violated
in
the
process.
But
no
such
violation
could
be
demonstrated
by
the
petitioner,
particularly
on
the
face
of
Section
20A
of
the
Tripura
Co$operative
Societies
Act,
1974.
That
apart,
the
petitioner
is
entirely
silent
whether
the
LAMPS
under
reference
can
come
within
the
ambit
of
Article
12
of
the

[6] Constitution
of
India.
Unless,
that
is
shown
this
Court
cannot
exercise
its
jurisdiction
under
Article
226
of
the
Constitution
of
India.
For
such
inherent
lack
in
jurisdiction,
this
Court
cannot
by
transgressing
the
province,
asses
the
comparative
merit
even
for
a
limited
purpose.

738 Having
held
so,
this
writ
petition
being
devoid
of
merit
is
dismissed.
However,
the
petitioner
shall
remain
at
liberty
to
place
his
grievances
to
the
Registrar
of
Co$operative
Societies,
if
permitted
under
Section
92
of
the
Tripura
Co$ operative
Societies
Act,
1974.
There
shall
be
no
order
as
to
costs.




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