A. Constitution of India, 1950, Articles 12 and 226 – Instrumentality of State – “Whether the Kangra Central Cooperative Bank, the Himachal Pradesh State Cooperative Bank Ltd. and the Jogindra Central Cooperative Bank, are ‘State’ within the meaning of Article 12 of the Constitution of India and whether a writ would lie against them? – Held, concerned cooperative bank not `State’ within the meaning of Article 12 – Ordered accordingly. [Paras 6 and 9]
B. Constitution of India, 1950, Article 226 – Cooperative Banks – Writ petition – Maintainability of – Power of the High Courts under Article 226 is as wide as the amplitude of the language used therein, which can affect any person-even a private individual and be available for any other purpose-even one for which another remedy may exist – High Court in exercise of powers under Article 226 of the Constitution of India, can certainly issue writ or order in the nature of writ even against nay persons or Authority – Ordered accordingly. [Paras 12 and 15]
HP Full Bench
Process of procurement of goods required for use in public service, after coming into force of Rules of 2009, must be governed by the Rules of 2009 only and the procedure prescribed in Appendix 10, which was part of Rules of 1971, will have no application
Mere assertion without mentioning the data or basis is not evidence, even if it comes form expert. Where the experts give no real data in support of their opinion, the evidence even though admissible, may be excluded from consideration as affording no assistance in arriving at the correct value
Eligibility qualification for appointment for the Post of `Shastri’ on batchwise basis will be according to Rules prevailing at the time acquiring qualification is not tenable – requirement to the post by direct recruitment is governed by the Rules at prevalent on the date when the vacancies notified.
Every submission made by a party that some portion of the judgment of the apex Court or this Court has not been replicated/considered while disposing of a particular case, does not call for intervention by a Full Bench for setting aside the previous decision.