THE REGISTRAR vs P.MARIAPPAN,

Court
Madras High Court

W.A(MD)Nos.1086 and 1697 of 2021 W.P.(MD) Nos.,1558, 10163, 10166, 10168 to 10170, 10172, 10174, 11809,
10179 and 10180 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.09.2026
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
and
THE HONOURABLE MR. JUSTICE N.DILIP KUMAR
W.A(MD)No.1086 and 1697 of 2021 and W.P.(MD) Nos.,1558, 10163, 10166,
10168 to 10170, 10172, 10174, 10179, 11809 and 10180 of 2021
and
CMP (MD) Nos.4814 and 7272 of 2021
WA(MD) No.1086 of 2021
1. The Registrar Co-operative Societies,
170, Periyar EVR Road,
Keelbak, Chennai.
2. The Joint Registrar/Constroller of Examinations,
Tamil Nadu Co-operative Society,
State Recruitment Bureau,
170, Periyar EVR Road,
Keelbak, Chennai. ... Appellant(s)

Vs.
1. P.Mariappan
2. The President
1022, Medhakumaal Primary Agriculture
Co-Operative Credit Society,
Kanniyakumari District. ... Respondent(s)

Prayer:This Writ Appeal is filed under Clause 15 of Letters Patent Act, against
the order passed by this Court in W.P.(MD)No. 4946 of 2017 dated 11.12.2020.
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W.A(MD)Nos.1086 and 1697 of 2021 W.P.(MD) Nos.,1558, 10163, 10166, 10168 to 10170, 10172, 10174, 11809,
10179 and 10180 of 2021
For Appellants : Mr.M.Mahaboob Athiff,
Special Government Pleader
For Respondents : Mr.s.Chellapandian (R1)
WA(MD) No.1697 of 2021
1. The Registrar Co-operative Societies,
170, Periyar EVR Road,
Keelbak, Chennai.
2. The Joint Registrar/Constroller of Examinations,
Tamil Nadu Co-operative Society,
State Recruitment Bureau,
170, Periyar EVR Road,
Keelbak, Chennai. ... Appellant(s)

Vs.
1. P.Sivaneshwaran
2.The President,
Tirunelveli District Co-Op Bank Ltd.,
Tirunelveli,
Tirunelveli District.
(R-3
is Amended as per the order of this
Court Dated 15.12.2020) ... Respondent(s)

Prayer:This Writ Appeal is filed under Clause 15 of Letters Patent Act, against
the order passed by this Court in W.P.(MD)No. 4945 of 2017 dated 15.12.2020.
For Appellants : Mr.M.Mahaboob Athiff,
Special Government Pleader
For Respondents : Mr.s.Chellapandian (R1)
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W.A(MD)Nos.1086 and 1697 of 2021 W.P.(MD) Nos.,1558, 10163, 10166, 10168 to 10170, 10172, 10174, 11809,
10179 and 10180 of 2021
WP(MD) No.11809 of 2021
Arun ... Petitioner (s)

Vs.
1. The Registrar,
Co-Operative Societies,
170, Periyar E.V.R Road,
Keelbak, Chennai.
2. The Joint Registrar/controller Examination,
Tamilnadu Co-Op Society State Recruitment Bureau,
170, Periyar E.V.R. Road,
Keelbak, Chennai.
3. The Managing Director,
Tamilnadu State Apex Co-Op Bank Ltd,
New No.4 Old No.233, NSC Bose Road,
Chennai – 600 001. ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents to provide
employment to the petitioner at 3rd respondent society by considering the
petitioners representation dated 12.02.2021 in light of order passed in W.P.
(MD). No. 4945 of 2017 dated 15.12.2020.
For Petitioner(s) : Mr.S.Chellapandian
For Respondents : Mr.M.Mahaboob Athiff, (R1 and R2)
Special Government Pleader
WP(MD) No.10170 of 2021
Kathiravan ... Petitioner (s)

Vs.
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W.A(MD)Nos.1086 and 1697 of 2021 W.P.(MD) Nos.,1558, 10163, 10166, 10168 to 10170, 10172, 10174, 11809,
10179 and 10180 of 2021
1. The Registrar,
Co-Operative Societies,
170, Periyar E.V.R Road,
Keelbak, Chennai.
2. The Joint Registrar/controller Examination,
Tamilnadu Co-Op Society State Recruitment Bureau,
170, Periyar E.V.R. Road,
Keelbak, Chennai.
3. The Managing Director,
Tiruchirappalli District Central Co-Op
Bank Ltd,
No.1, Fort Statoin Road,
Tiruchirapalli. ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents to provide
employment to the petitioner at 3rd respondent society by considering the
petitioners representation dated 11.02.2021 in light of order passed in W.P.
(MD). No. 4945 of 2017 dated 15.12.2020.
For Petitioner(s) : Mr.S.Chellapandian
For Respondents : Mr.M.Mahaboob Athiff (R1 & R2)
Special Government Pleader
WP(MD) No.10169 of 2021
Pandiselvi ... Petitioner (s)

Vs.
1. The Registrar,
Co-Operative Societies,
170, Periyar E.V.R Road,
Keelbak, Chennai.
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10179 and 10180 of 2021
2. The Joint Registrar/controller Examination,
Tamilnadu Co-Op Society State Recruitment Bureau,
170, Periyar E.V.R. Road,
Keelbak, Chennai.
3. The President,
Sundaralingapuram Primary Agricultural
Co-Op Credit Society, Peraiyur Taluk,
Madurai. ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing t the respondents to provide
employment to the petitioner at 3rd respondent society by considering the
petitioner's representation dated 26.2.2021.
For Petitioner(s) : Mr.S.Chellapandian
For Respondents : Mr.M.Mahaboob Athiff (R1 & R2)
Special Government Pleader
WP(MD) No.10168 of 2021
Mohamed Ismail ... Petitioner (s)

Vs.
1. The Registrar,
Co-Operative Societies,
170, Periyar E.V.R Road,
Keelbak, Chennai.
2. The Joint Registrar/controller Examination,
Tamilnadu Co-Op Society State Recruitment Bureau,
170, Periyar E.V.R. Road,
Keelbak, Chennai.
3. The Managing Director,,
Sivagangai District Central Co-Op Bank
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W.A(MD)Nos.1086 and 1697 of 2021 W.P.(MD) Nos.,1558, 10163, 10166, 10168 to 10170, 10172, 10174, 11809,
10179 and 10180 of 2021
Ltd., Sivagangai-630562. ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents to provide
employment to the petitioner at 3rd respondent society by considering the
petitioners representation dated 11.02.2021 in light of order passed in W.P.
(MD). No. 4945 of 2017 dated 15.12.2020.
For Petitioner(s) : Mr.S.Chellapandian
For Respondents : Mr.M.Mahaboob Athiff (R1 & R2)
Special Government Pleader
WP(MD) No.10179 of 2021
Leninkumar ... Petitioner (s)

Vs.
1. The Registrar,
Co-Operative Societies,
170, Periyar E.V.R Road,
Keelbak, Chennai.
2. The Joint Registrar/controller Examination,
Tamilnadu Co-Op Society State Recruitment Bureau,
170, Periyar E.V.R. Road,
Keelbak, Chennai.
3. The Managing Director,
Coimbatore District Central Co-Op Bank
Ltd, Coimbatore- 641018.
4. The Chairman / Joint Registrar,
Cuddalore District Central Co-Op
Bank Ltd.,
No.3, Beach Road,
Saravanabava Consumer Co-Op.
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Cuddalore 607 001. ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents to provide
employment to the petitioner at 3rd respondent society by considering the
petitioners representation dated 11.02.2021 in light of order passed in W.P.
(MD). No. 4945 of 2017 dated 15.12.2020.
For Petitioner(s) : Mr.S.Chellapandian
For Respondents : Mr.M.Mahaboob Athiff (R1 & R2)
Special Government Pleader
WP(MD) No.10174 of 2021
Sri Revathi ... Petitioner (s)

Vs.
1. The Registrar,
Co-Operative Societies,
170, Periyar E.V.R Road,
Keelbak, Chennai.
2. The Joint Registrar/controller Examination,
Tamilnadu Co-Op Society State Recruitment Bureau,
170, Periyar E.V.R. Road,
Keelbak, Chennai.
3.The Managing Director,
Bhavani Kudal Co-Op Urban Bank,
Bhavani-638301,
Erode District. ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents to provide
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10179 and 10180 of 2021
employment to the petitioner at 3rd respondent society by considering the
petitioners representation dated 12.02.2021 in light of order passed in W.P.
(MD). No. 4945 of 2017 dated 15.12.2020.
For Petitioner(s) : Mr.S.Chellapandian
For Respondents : Mr.M.Mahaboob Athiff (R1 & R2)
Special Government Pleader
WP(MD) No.10166 of 2021
Karthikeyan ... Petitioner (s)

Vs.
1. The Registrar,
Co-Operative Societies,
170, Periyar E.V.R Road,
Keelbak, Chennai.
2. The Joint Registrar/controller Examination,
Tamilnadu Co-Op Society State Recruitment Bureau,
170, Periyar E.V.R. Road,
Keelbak, Chennai.
3.The Managing Director,
Coimbatore District Central Co-Op Bank Ltd,
Coimbatore- 641018. ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents to provide
employment to the petitioner at 3rd respondent society by considering the
petitioners representation dated 10.02.2021 in light of order passed in W.P.
(MD). No. 4945 of 2017 dated 15.12.2020.
For Petitioner(s) : Mr.S.Chellapandian
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W.A(MD)Nos.1086 and 1697 of 2021 W.P.(MD) Nos.,1558, 10163, 10166, 10168 to 10170, 10172, 10174, 11809,
10179 and 10180 of 2021
For Respondents : Mr.M.Mahaboob Athiff (R1 & R2)
Special Government Pleader
WP(MD) No.10163 of 2021
K.Karthikeya Pandian ... Petitioner (s)

Vs.
1. The Registrar,
Co-Operative Societies,
170, Periyar E.V.R Road,
Keelbak, Chennai.
2. The Joint Registrar/controller Examination,
Tamilnadu Co-Op Society State Recruitment Bureau,
170, Periyar E.V.R. Road,
Keelbak, Chennai.
3.The Chairman/Joint Registrar,
Virudhunagar District Central Co-Op Bank Ltd,
Madurai Road,
Virudhunagar - 626001. ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents to provide
employment to the petitioner at 3rd respondent society by considering the
petitioners representation dated 10.02.2021 in light of order passed in WP(MD)
No. 4945 of 2017 dated 15.12.2020.
For Petitioner(s) : Mr.S.Chellapandian
For Respondents : Mr.M.Mahaboob Athiff (R1 & R2)
Special Government Pleader

WP(MD) No.10172 of 2021
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10179 and 10180 of 2021
Raj Mohan ... Petitioner (s)

Vs.
1. The Registrar,
Co-Operative Societies,
170, Periyar E.V.R Road,
Keelbak, Chennai.
2. The Joint Registrar/controller Examination,
Tamilnadu Co-Op Society State Recruitment Bureau,
170, Periyar E.V.R. Road,
Keelbak, Chennai.
3.The Managing Director,
Tamilnadu State Apex Co-Op Bank Ltd.,
Nethaji Subash Chandrabose Road,
Chennai. ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents to provide
employment to the petitioner at 3rd respondent society by considering the
petitioners representation dated 13.02.2021 in light of order passed in W.P.
(MD). No. 4945 of 2017 dated 15.12.2020.
For Petitioner(s) : Mr.S.Chellapandian
For Respondents : Mr.M.Mahaboob Athiff (R1 & R2)
Special Government Pleader
WP(MD) No.10180 of 2021
Dinakaran ... Petitioner (s)

Vs.
1. The Registrar,
Co-Operative Societies,
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170, Periyar E.V.R Road,
Keelbak, Chennai.
2. The Joint Registrar/controller Examination,
Tamilnadu Co-Op Society State Recruitment Bureau,
170, Periyar E.V.R. Road,
Keelbak, Chennai.
3.The Managing Director,
Coimbatore District Central Co-Op Bank Ltd,
Coimbatore- 641018. ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus directing the respondents to provide
employment to the petitioner at 3rd respondent society by considering the
petitioners representation dated 10.02.2021 in light of order passed in W.P.
(MD). No. 4945 of 2017 dated 15.12.2020.
For Petitioner(s) : Mr.S.Chellapandian
For Respondents : Mr.M.Mahaboob Athiff (R1 & R2)
Special Government Pleader
COMMON JUDGMENT
(Judgment of the Court was made by N.DILIP KUMAR.J. )
This batch of writ appeals and writ petitions arise out of the common
recruitment notification issued by the Tamil Nadu Cooperative Societies State
Recruitment Bureau for the post of “Assistant” in 17 different types of
cooperative societies; they arise out of a common subject matter and the facts in
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issue are also similar; hence, all these writ petitions and the two writ appeals,
are taken up together and disposed of by this common order.
2. For the sake of brevity and convenience, the parties are referred to
as they stand in the writ petitions.
3. The facts necessary for the disposal of the cases, in brief, are as
follows:
3.1. The Tamil Nadu Cooperative Societies State Recruitment Bureau
nd
issued a recruitment notification on 2 November 2012, inviting applications
rd
from eligible candidates to be submitted on or before 23 November 2012, for
as many as 3,589 vacancies, in the post of Assistant in 17 different types of
cooperative societies, ranging from the Tamil Nadu State Apex Cooperative
Bank to Primary Agricultural Cooperative Credit Societies.
3.2. The notification categorically prescribes the education, age and
other qualification norms. The educational qualification is to possess a UG
degree certificate by following the 10+2+3 pattern. It also prescribed Tamil
language skills.
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3.3. The specified note mentioned in the said notification states that
those candidates who have not completed the cooperative training certificate are
also eligible to apply for the post of Assistant; however, they shall be under a
compulsory obligation to complete the Diploma in Cooperative Training from
any one of the Tamil Nadu Cooperative Training Institutes, within a period of
two years.
4. This special note mentioned in the recruitment notification
constitutes the gravamen of this batch of legal conflicts.
5. The following are the undisputed facts: -
nd
5.1. Pursuant to the recruitment notification dated 2 November
2012, inviting applications to fill up 3,589 vacancies, as many as 2,23,963
th
candidates appeared for the written examination held on 9 December 2012.
th
Results were published on 20 December 2012.
5.2. Upon filtering the candidates, based on the marks secured in the
written examination, as many as 4,319 candidates were called for interview. Out
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of them, 3,577 candidates were selected by following merit, in accordance with
the communal reservation of 200-point roster system.
5.3. Out of the 3,577 candidates, allotment orders were issued to
3,478 candidates. Of these 3,478 candidates, 2,301 candidates reported for
certificate verification and 1177 candidates did not turn up for certificate
verification.
5.4. Among these 2,301 candidates who appeared for certificate
verification, 140 had already completed the requirement of Cooperative
Training (of these 133 joined), and the remaining 2161 candidates had not
completed the Cooperative Training, and they claimed the benefit of the
specified note inserted in the recruitment notification.
5.5. In the interregnum, an order came to be passed by the Hon’ble
Supreme Court of India in SLP (Civil) No.17977 of 2014 in SAT 383, Tamil
Nadu State Primary Agricultural Cooperative Bank Employees Association v.
K.B.N. Karthika and others , dated 28.11.2014, holding that under the Tamil
Nadu Cooperative Societies Rules, 1988, wherever it is necessary for a person
to be eligible for appointment by direct recruitment, that requires cooperative
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training as one of the qualification criteria, it can be treated only as a condition
precedent for appointment and not as a condition precedent for selection. The
Apex Court concluded the issue in clear terms that the authorities can make a
selection and thereafter require the selected candidates to undergo training and
appoint them thereafter on their successful completion of the prescribed
training. The Apex Court laid down in clear terms that if cooperative training is
an essential qualification for appointment to the post, then the candidates can be
given a leverage to participate in the selection and even can get selected;
however, for getting of appointment after selection, they should complete the
mandatory qualification of cooperative training.
5.6. This order of the Supreme Court lead the approach adopted by
the department to the ongoing selection process, which is the subject in this
litigation. Pursuant to the order of the Apex Court, the department thought it fit
to issue orders of selection in March 2015 to all these candidates who were
successful in the written examination, certificate verification and interview, but
compelled them to complete the cooperative training, that is, acquiring the
qualification of Diploma in Cooperative Training from any one of the Tamil
Nadu Cooperative Training Institutions, as has been mentioned in the
recruitment notification, but, before they are issued with appointment orders.
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5.7. The department called upon the selected candidates to furnish a
written undertaking in the form of a voluntary agreement that they shall
complete the Diploma in Cooperative Training within a period of one year and
upon their failure, their selection shall be forfeited.
5.8. All the writ petitioners, admittedly, had executed such voluntary
undertaking agreements on non-judicial stamp papers, in and around April 2015
undertaking that they shall complete the Diploma in Cooperative Training from
the Tamil Nadu Cooperative Training Institutes within a period of one year. In
case they failed to do so, they undertook that they will not lay any claim to the
post of Assistant to which they are selected.
5.9. However, without completing the Diploma in Cooperative
Training, from the Tamil Nadu Cooperative Training Institutes, they applied to
the respective Cooperative Societies (to which they are selected) in and around
September 2016 , claiming that they possess Postgraduate Diploma in
Cooperative Management obtained through distance education mode from
Annamalai University and thus they have fulfilled the requirement and
therefore, they shall be issued with appointment orders. The writ petitioners do
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not dispute the requirement of possessing the certificate of Diploma in
Cooperative Training , but only wanted their PG Diploma to be treated as
equivalent.
5.10. These requests of the writ petitioners and all other similarly
placed candidates were uniformly not accepted by the Cooperative Department
and communication dated 31.10.2016 came to be issued to the respective
candidates informing them that their requests cannot be accepted, since they had
not completed Diploma in Cooperative Training from the Tamil Nadu
Cooperative Management Training Institute within the prescribed period and
therefore, they cannot be issued with appointment orders. This has been put to
challenge in all these writ petitions.
6. Two of these writ petitions came to be allowed by the order of the
th
Writ Court dated 11 December 2020 in W.P.(MD) No.4946 of 2017 (which is
the subject matter in W.A.(MD) No.1086 of 2021) and W.P.(MD) No.4945 of
2017 (which is the subject matter in W.A.(MD) No.1697 of 2021).
7. We heard Mr.S.Chellapandian, learned counsel for the writ
petitioners in all these cases and Mr.M.Mahaboob Athiff, learned Special
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Government Pleader for the department.
8. Mr. S. Chellapandian, learned counsel for the petitioners canvassed
the following grounds in support of his arguments:
8.1. When the recruitment notification is categorical in saying that the
candidates will be under a compulsory requirement to complete the Diploma in
Cooperative Training within a period of two years from the date of appointment,
the department could not have changed the rules of the game by compelling
them to complete such training within a period of one year.
8.2 The recruitment notification mandates the candidates to complete
the Diploma in Cooperative Training within two years from the date of
appointment. Consequently, the department must issue an appointment order,
for this two year limitation period to commence; the mere issuance of selection
orders do not suffice.
8.3. He would further argue that the action of the respondents is
arbitrary and denial of appointment to the petitioners is without any justification
and the orders issued by the learned Single Judge in the two writ petitions are
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perfectly valid and are in order, since the learned Judge had directed the
department to issue appointment orders to the selected candidates and then
called upon them to undergo training and only in case if they fail to complete
the training within a period of two years from the date of appointment, they can
be ousted from the job.
8.4. Since the writ petitioners had already completed Postgraduate
Diploma in Cooperative Management through distance education from
Annamalai University, the department cannot refuse to consider the same as a
valid satisfaction of the qualification prescribed in the notification.
In support of his submissions, he placed reliance upon the judgments of the
Apex Court in Tamil Nadu Computer Science B.Ed.,Graduate Teachers
Welfare Society v. Higher Secondary School Computer Teachers Association
and Ors ., reported in 2009 (14) SCC 517; Gopal Krushna Rath v. M.A.A. Baig
(Dead) By Lrs. And Ors ., reported in 1999 (1) SCC 544; and Olga Tellis and
Ors., v. Bombay Municipal Corporation and Ors ., reported in 1985 (3) SCC
545 . He prayed for dismissal of the writ appeals and allowing of the writ
petitions.
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9. Rebutting the above arguments, Mr.M.Mahaboob Athiff, learned
Special Government Pleader made the following submissions:
9.1. The completion of Diploma in Cooperative Training/Management
is an essential qualification. The recruitment notification only gave an ancillary
advantage for the candidates to participate in the selection process and in case
they become successful, they can get recruited; however, they should complete
the Diploma in Cooperative Training from the Tamil Nadu Cooperative Training
Institutions within the prescribed period to get appointed and this is fortified by
the order of the Apex Court in SLP No.17977 of 2014, dated 28.11.2014.
9.2. The Postgraduate Diploma in Cooperative Management through
distance education mode from Annamalai University is not acceptable as a
satisfaction of the qualification norms, and this point is answered in their favour
by the learned Single Judge in the order impugned in the writ appeals. The
excluding of the qualification of Postgraduate Diploma in Cooperative
Management through distance education mode from Annamalai University, is
already crystallized in an another judgment of the learned Single Judge dated
th
30 November 2019 in a batch of cases in W.P.(MD) Nos.20924, 21081, 21252,
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22303 of 2019, wherein the learned Single Judge of this Court had concluded
that there is a vast difference in the subjects taught in Annamalai University for
Postgraduate Diploma in Cooperative Management and it is quite distinct and
different from the subjects that are studied by a candidate when pursuing
Diploma in Cooperative Management from the Tamil Nadu Cooperative
Training Institutions.
9.3 The respective candidates had, with open eyes, accepted the
requirement and furnished written voluntary undertaking agreements, accepting
to acquire the said qualification within one year and having failed to do so, they
sought appointment by referring to the PG Diploma in Cooperative
Management under distance education mode from Annamalai University. Even
in their representations, these writ petitioners had not raised the plea regarding
issuance of selection orders instead of appointment orders, but have confined
their request to consider their PG Diploma in Cooperative Management in
distance education mode from Annamalai University for issuance of
appointment orders.
9.4 With regard to the argument that the rules of the game have been
changed, the learned Special Government Pleader would argue that the rules of
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the game were never changed. The rules remained constant. There is a
compulsory requirement for the candidates to complete Diploma in Cooperative
Management from Tamil Nadu State Cooperative Society Training Institutes,
and the only change that was brought in was whether the training should be
completed after selection and before appointment, or after appointment. And,
this change was necessitated because of the order of the Hon’ble Supreme Court
and therefore, no blame can be placed on the department. On the demurrer he
wanted to read the translation of word – “ gzpakh;j;jg;gl;l ”, used in the
recruitment notification as “recruited to the post” or “selected to the post” and
not as “appointed to the post”
9.5 He would also argue that the reduction in the period provided in
the recruitment notification from two years to one year was necessitated
because of the prevalent circumstance of several number of impending
vacancies that was impeding the essential work in the various co-operative
societies and these candidates, having accepted the same by filing written
voluntary undertaking agreements, cannot wriggle out from the same. He thus
prayed for allowing the writ appeals and dismissal of the writ petitions.
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10. We have perused the materials on record and given our anxious
consideration to the respective arguments advanced and also to the precedents
cited.
11. The facts are not in dispute. Recruitment notification was issued
nd
on 2 November 2012, inviting candidates prescribing the necessary
qualification norms regarding, age, education, language skills and also a
specified note enabling candidates who do not possess Diploma in Cooperative
Training to participate, but with a rider that they shall complete such training
within a period of two years.
12. It is also an admitted fact that the recruitment notification
provides for selection by way of a written examination, followed by an
interview and the appointments are made in consonance with the communal
reservation of 200 point rooster system.
13. The fact that all these petitioners were successful in the written
examination and also in the interview is also not in dispute. The claim of the
department that out of the 2131 candidates who executed undertaking
agreements similar to that of the petitioners, 1612 candidates had completed the
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Diploma in Cooperative Training from the Tamil Nadu Cooperative State
Institutes within one year and had all been appointed to the posts in question, is
also not disputed by the counsel for the writ petitioners.
14. We will first deal with the fragile argument on the side of the
petitioners that the Postgraduate Diploma in Cooperative Management under
distance education mode from Annamalai University should be taken as
satisfaction of the qualification that they should have completed Diploma in
Cooperative Management from Tamil Nadu State Cooperative Institute. This
argument has only to be mentioned to be rejected. Firstly, the recruitment
notification is very specific that the candidate must study Diploma in
Cooperative Management from the Tamil Nadu State Cooperative Training
Institutes. Secondly , the subjects that are studied by a candidate pursuing PG
Diploma in Cooperative Management in distance education from Annamalai
University are quite different from the subjects studied by a candidate who
studies Diploma in Cooperative Management from the Tamil Nadu State
Cooperative Training Institutes. This is lucidly brought out in the order of the
learned Single Judge in the batch of cases in W.P.(MD) Nos.20924, 21081,
th
21252, 22303 of 2019 dated 13 November 2019. The relevant portion is
extracted as under:
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“ 9.From the materials on record, rival submissions of the
learned counsel appearing for the petitioners and the learned
Additional Advocate General appearing for the official respondents,
it is clear that apart from basic qualifications for appointment in a
Co-operative Society, a certificate in Co-operative Management is
necessary qualification. Number of persons have obtained certificates
in Post Graduate Diploma in Co-operative Management conducted
by the Annamalai University. When a doubt arose as to whether the
said certificate is equivalent to Co-operative Management, the
Government Order in G.O.Ms.No.494 Cooperative Food and
Consumer Protection Department dated 27.10.1992 and the Registrar
of the Co-operative Society issued circular dated 12.09.2007,
clarified that the Post Graduate Diploma Certificates issued by
Annamalai University is equivalent to Co-operative Management.
The learned Additional Advocate General contended that the said
Government Order was issued prior to amendment of Rule 149 of the
Tamil Nadu Co-operative Society Rule 1988. Rule 149 was amended
by G.O(Ms).No.212, Co-operation, Food and Consumer Protection
(CJI) Department dated 04.07.1995. Based on the amendment, a
Model Special Rule was issued with regard to service condition of
the employees of the Co-operative Society. Now the Model Special
Rule prescribes the certificate in Co-operative Training as an
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essential qualification. The learned Additional Advocate General
submitted that the subjects taught by Annamalai University are not
equivalent to the subjects taught by Co-operative Training Institution.
The Post Graduate Diploma Course conducted by Annamalai
University did not have the subjects of the Co-operative Training
Institution. Therefore, the said Certificate is not equivalent to the Co-
operative Management as contemplated in Rule 149 of the Tamil
Nadu Co-operative Societies Rules 1988. The learned Additional
Advocate General referred to counter and Additional Typed set of
papers, wherein, it has been held that the Course of Co-operative
Management contains the following subjects:
1.Co-operation
2.Co-operative Laws
3.Financial Accounting and Auditing
4.Co-operative Management
5.Computer Management and Management Information
System.
6.Business Development Planning and Policy
7.Jewel Appraisal and its Techniques.
10.The Post Graduate Diploma Course conducted by
Annamalai University did not have the subjects, like Co-operative
Laws, Financial Accounting and Auditing, Business Development
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Planning and Policy. Therefore, the said Certificate is not equivalent
to the Co-operative Management as contemplated in Rule 149. The
petitioners have not produced any equivalent certificates or have not
filed any reply denying the said contention and stating that the
Course conducted by Annamalai University had all the subjects. On
the failure of the petitioners to prove that the Post Graduate Diploma
in Co-operative Management underwent by the petitioners in
Annamalai University, contains all the subjects as taught by the Co-
operative Training Institution. The reason given by the respondents
for rejection of applications of the petitioners does not warrant any
interference by this Court.”

15. Thirdly, the learned Single Judge, in the two writ petitions which
are challenged before us in the two writ appeals, had also concurred that this
qualification of the petitioners, viz., PG Diploma in Cooperative Management
under distance education mode from Annamalai University, will not satisfy the
requirement mentioned in the recruitment notification. For all these reasons, we
hold that the PG Diploma in Cooperative Management in distance education
from Annamalai University will not satisfy the qualification requirement
mentioned in the recruitment notification and the argument in this regard
advanced on the side of the petitioners is rejected. In this aspect, we approve the
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finding of the learned Single Judge.
16. However, the pivotal point that arises for consideration is whether
these candidates can be compelled to complete the training within one year,
instead of two years, that is mentioned in the recruitment notification. The
recruitment notification was issued in 2012. Orders of selection were issued to
the petitioners in March 2015. Admittedly, none of the writ petitioners had
completed the Diploma in Cooperative Training from the Tamil Nadu State
Cooperative Training Institutes even today. When 1612 selected candidates
were able to complete such a requirement within a period of one year, there is
no explanation furnished by the petitioners for not completing such Diploma in
Cooperative Training even within a period of two years.
17. The petitioners’ grievance is not that they were not given two
years to complete the Diploma in Cooperative Training as mentioned in the
recruitment notification and therefore the requirement imposed on them to
complete such qualification within one year is bad in law. If that had been the
case and if the petitioners had approached the Court at that stage, probably, the
Court could have come to their rescue and enabled them to complete the
prescribed qualification of Diploma in Cooperative Management from the Tamil
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Nadu State Cooperative Training Institutes within the period of two years as
mentioned in the recruitment notification. But they contend that they possess
PG Diploma in Cooperative Management in distance education from Annamalai
University, which satisfies the requirement. We have already rejected the said
argument. Therefore, the claim of the petitioners in this regard is also without
any substance and is rejected.
18. We now proceed to deal with the paramount ground of
Mr.S.Chellapandian, that the writ petitioners should have been asked to undergo
training only after issuance of appointment orders and with the issuance of mere
selection orders. This argument is based on the premise that the rules of the
game have been changed. The precedents cited on the side of the writ petitioner,
viz., (2009) 14 SCC 517 and (1999) 1 SCC 544 are clear on the said proposition
that “ any subsequent change in the requirement regarding qualifications will
not affect the process of selection which has already commenced ”. But the
question that pegs the answer is “was the rules changed? - is there a different
qualification prescribed than the one, mentioned in the recruitment
notification?”
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19. The learned Single Judge had held that the department should
issue an order of appointment and the candidates shall complete the necessary
qualification of Diploma in Cooperative Management. He ordered the
candidates to acquire such training within a period of two years. Further, the
learned Single Judge had also held that the department had mis-applied the
order of the Apex Court and held that it it is not a case of acquiring qualification
for the purpose of eligibility, but it is only a case of training to be completed and
in this case, training is nothing but acquiring Diploma in Cooperative
Management and therefore, the interpretation of the department, by drawing
inspiration from the order of the Apex Court, is incorrect and granted relief to
the petitioners.
20. The said conclusion of the learned Single Judge and the argument
of the learned counsel for the petitioners is based on a different interpretation of
the qualification requirements and the judgment of the Apex Court in SLP No.
17977 of 2014 dated 28.11.2014.
21. It is not in dispute that the qualification of Diploma in
Cooperative Management to be acquired from the Cooperative Training
Institutes is essential to be considered for the post of Assistant in the
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cooperative societies in the State of Tamil Nadu. This educational qualification
of Diploma in Cooperative Management is recognised as “Cooperative
Training”. It is not a case of getting appointed and then completing some
training under the department to which a candidate is appointed. Rather, it is a
condition precedent for appointment, as held by the Apex Court. Once it is held
by the Apex Court that cooperative training, i.e., possessing Diploma in
Cooperative Management certificate is a condition precedent for appointment,
the candidates who do not possess such educational qualification of Diploma in
Cooperative Management cannot make a claim for appointment to the post of
Assistant. They cannot contend that the recruitment notification creates a vested
right because it mentions that they can acquire the qualification within two
years from the date of appointment. There is a distinction between “selection of
a candidate” and “appointment of a candidate”.
22. Admittedly, a selected candidate has no indefeasible or vested
right to be appointed. There is no employer-employee relationship that is
established between a selected candidate and the recruiting or selecting agency.
It is only a procedural step involving testing, interviewing and shortlisting, and
mere inclusion in the select list will not start the reckoning of the service of the
candidate. Whereas appointment of a candidate requires a definitive executive
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act of placing a person into public office or service and the appointed candidate
gains a vested legal right to the post and its protection and the legally binding
relationship, in the nature of statutory status, gets created in the form of
employee – employer relationship between the appointed candidate and the
appointing department. A candidate is borne into service from the date of formal
appointment/joining. It is in this scenario that completing the Diploma in
Cooperative Management, which is essentially an educational qualification,
acquires critical relevance. If it is a mandatory educational qualification for an
individual to be appointed to the post of Assistant, then without such
qualification, a candidate cannot be appointed to the said post. Rather, he can be
selected to the post, giving an option to the selected candidate to acquire this
qualification and get appointed to the post. This is the fundamental principle
that becomes a determinative factor turning the case against the petitioners.
23. It is settled law that any time spent in training post-selection but
before appointment will not even count towards regular Governmental service,
and useful reference can be made to the judgment of the Apex Court in Prafulla
Kumar Swain Etc. Etc v. Prakash Chandra Misra And Ors ., reported in 1993
SCC (SUPP) (3) 181 .
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24. In the judgment of Prafulla Kumar , the Apex Court was
considering whether the period of training undergone by the recruits can be
reckoned to calculate their service period and held that when it is a condition
precedent to successfully complete the training before a candidate gets
appointed to the service, the candidate cannot claim the training period as an in-
service period. Applying the said proposition to the facts of the present case, if
the petitioners, without the educational qualification, could not have been
appointed to the post of Assistant, they cannot compel the department to appoint
them and then send them for acquiring the educational qualification.
25. Merely because the recruitment notification mentions it as
cooperative training, it does not mean that the candidate has a right to be
appointed, as a vested right. It is understood by all the parties, as available in
the qualification norms governing the service, that it is not any “departmental
training” but only a “qualification” to be obtained by studying and obtaining a
Certificate of Diploma in Cooperative Management from the Tamil Nadu State
Cooperative Training Institutes. Getting trained under the department to which a
candidate is appointed is different from acquiring an educational qualification.
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26. Once we have arrived at a conclusion that Diploma in Cooperative
Training/Management is an educational qualification to be acquired by a
candidate from the Tamil Nadu State Cooperative Institutes and without such
qualification the candidates could not have been appointed, the use of a loosely
worded language in the vernacular of the recruitment notification -
“ gzpakh;j;jg;gl;l ” makes no difference . A candidate can be selected/recruited to
a post, subject to the fulfilment of the essential qualification, but he can be
appointed only when he possesses the qualification.
27. All these confusions could have been avoided, if the recruiting
agency was careful in using the correct words. The word “ ” can
gzpakh;j;jg;gl;l
only translate to “be appointed” as the tamil phrase for selection/recruitment
will be “ ”. The loose words in the recruitment
gzpf;F Bjh;t[ bra;ag;gl;l
notification that it should be acquired within two years from the date of
appointment to the action of the department in issuing a selection order and
compelling them to complete such qualification within one year for the purpose
of getting an appointment order loses its significance, in view of the clear
pronouncement of the Apex Court in SLP No.17977 of 2014 dated 28.11.2014.
The mere changing of the stage wherein the writ petitioners are called upon to
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complete and acquire such educational qualification from the date of selection
instead of the date of appointment does not amount to changing the rules of the
game. According to us, the qualification norms had remained the same and thus
the rules had always remained constant.
28. The Apex Court, in the judgment delivered in Vijay Kumar
Mishra v. High Court of Judicature at Patna , reported in 2016 (9) SCC 313 ,
has brought out the distinction between “selection” and “appointment”. Every
person who is successful in the selection process undertaken by the State, for
the purpose of filling up a certain post under the State, does not acquire any
right to be appointed automatically. The petitioners, admittedly, have a right to
be considered for appointment and they do not have a right to be appointed. The
recruitment notification cannot create any such vested right in favour of the
petitioners, in the absence of them possessing the required educational
qualification. In fact, the recruiting agency, that is, the Tamil Nadu Cooperative
State Recruitment Bureau, does not have the authority or jurisdiction to relax
the essential educational qualification of Diploma in Cooperative Management
obtained from the Tamil Nadu State Cooperative Institutes. When such power is
not available to the recruiting agency, the mere mentioning in the recruitment
notification that the candidate can get appointed and thereafter complete the
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training will not clothe any right, much less a vested right, in favour of the
petitioners to command a writ of mandamus in their favour, asking them to be
appointed even without such qualification.
29. The rules of the game, as rightly contended by the learned Special
Government Pleader, were never changed. In fact, there was only a concession
given to those candidates for participating in the recruitment process and there
is no vested right created in favour of the selected candidates to get appointment
without possessing the requisite educational qualification of Diploma in
Cooperative Management. The celebrated Judgment of the Apex Court in Olga
Tellis Vs Bombay Municipal Corporation reported in (1985) 3 SCC 545 has no
application to the facts of the case. There is no arbitrary action on the part of the
department, warranting any interference by this Court.
30. For the foregoing reasons, we are unable to concur with the
reasoning of the learned Single Judge insofar as the second point is concerned.
The order of the Writ Court warrants interference for the aforesaid substantial
reasons.
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31. In the result, both the writ appeals are allowed. All the writ
petitions fail and they stand dismissed. There shall be no order as to costs.
Consequently, the connected miscellaneous petitions are closed.
[M.D.I.,J] [N.D.K.,J]
03.09.2026
Index:Yes
Internet:Yes
Neutral Citation: Yes
PKN
To
1. The Registrar Co-operative Societies,
170, Periyar EVR Road,
Keelbak, Chennai.
2. The Joint Registrar/Constroller of Examinations,
Tamil Nadu Co-operative Society,
State Recruitment Bureau,
170, Periyar EVR Road,
Keelbak, Chennai.
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M.DHANDAPANI, J.
AND
N.DILIP KUMAR, J.
PKN


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