JUDGMENT D.K. Seth, J.
1. Respondent No. 1 Sri Shaligram Pathak Intermediate College Vetan Bhogi Sahakari Samiti Ltd. appears to be a co-operative society of teachers and other staff employed in the said college. The said society has been registered under the Co-operative Societies Act.
2. The petitioner claims himself to be the Secretary of the said society. He claims that he is a permanent teacher in the said school since, 1972.
3. Learned counsel for the petitioner Shri M.P. Gupta, submits that since the Secretary has been appointed under Section 31 of the Cooperative Societies Act, therefore, the appointment of the petitioner is governed by the statutory provisions of Section 31 of the said Act by reason thereof the Co-operative Society in regard to petitioner's service as Secretary is a State within the meaning of Article 12 of the Constitution though Co-operative Society is not amenable to writ jurisdiction as has been held by the Full Bench of this Court.
4. Shri K.R. Singh, learned standing counsel, on the other hand contends that unless the petitioner is governed by any statutory rules, even though the question of appointment is provided under Section 31 of the said Act, the relation between the employee and the Co-operative Society will not bring the Cooperative Society within the ambit of Article 12 of the Constitution.
5. I have heard learned counsel for the parties on the preliminary issue.
6. Admittedly, learned counsel for the petitioner has not been able to show any statutory rules under which the petitioner's appointment as Secretary is governed. He has also not been able to point out from any material to show as to how the petitioner was appointed in the post of Secretary. No such pleading is available in the writ petition. Section 31 of the U. P. Co-operative Societies Act, 1965 prescribes that there shall be a Secretary on every co-operative society to be appointed and removed by the society subject to the provision of the rules and regulations framed under Section 121 and Section 122 of the said Act.
7. In the present case, no rules have since been framed under Sections 121 and 122 governing the service conditions of the Secretary in the present society and then as rightly pointed out by Mr. K. R. Singh, the petitioner is a teacher of the institution and, therefore, he cannot hold a post on profit as Secretary in the Co-operative Society and therefore, he is not in service but is holding the post either by reason of resolution or by election. Therefore, it does not confer any legal right on the petitioner to establish the same that his termination is violative of the principle of natural justice or under Article 311 of the Constitution as the case may be in order to bring this dispute within the scope and ambit of writ jurisdiction. The holding .of the post of Secretary is not a legal right but a right by virtue of election or otherwise. My attention has not been drawn to any bye-laws or rules of the society through which the petitioner's case could be supported so as to bring it within the scope and ambit of the writ jurisdiction. Since the Cooperative Society is not a State within the meaning of Article 12 of the Constitution as has been held by the Full Bench of this Court and there is nothing to show that in relation to its employee, the Co-operative Society is an instrumentality and agency of the State nor it has been shown that the appointment and service conditions of the petitioner as Secretary is governed By any statutory rules requiring co-operative society to discharge its statutory obligation conferred by such rule, bringing it within the meaning of instrumentality or agency of the State, the writ petition is not maintainable and is accordingly dismissed.
8. However, this order will not prevent the petitioner from establishing his right if any, before the appropriate forum.
9. There will be no order as to cost.