SHRAWAN KUMAR Vs. U P INSTITUTIONAL SERVICE BOARD

JUDGEMENT

(1.) D. P. Singh, J. Heard Sri M. P. Gupta for the petitioner, Sri O. P. Singh for respondent No. 1 and Sri R. S. Singh, learned Counsel for the respondents No. 2, 3 and 4.

(2.) THIS petition is directed against an order dated 27-12-2004 passed by the respondent No. 1 by which the approval of the appointment of the petitioner has been refused.

(3.) THE U. P. Co-operative Institutional Service Board was constituted in exercise of powers under Section 122 of the U. P. Co-operative Societies Act, 1965 for the purposes of recruitment, training and disciplinary control of employees of Co-operative Societies. THE U. P. Co-operative Societies Employees Services Regulation, 1975, governs the service conditions of such employees. Regulation 5 provides for recruitment and appointments in the Co-operative Societies through the Board whether it is by direct recruitment or by promotion. Sub-clause (v) mandates that every selection shall be subject to the approval of the Board and the appointment can only be made with the prior approval of the Board. Regulation 12 provides that if the posts are advertised in the first half of the year, i. e. ending on June 30, the cut off date for the purpose of age shall be first of January of that year and in case of advertisement subsequent to 30th June, the cut off date would be first of July of the year of recruitment. It further provides that the candidates should not be less than 18 years or more than 35 years of age on the aforesaid cut off date. Regulation 15 provides that no appointment can be made except in the manner provided in the regulations without the prior approval of the Board and in the order as mentioned in the list communicated by the Board.