Provision of reservation under Act 23 of 2001 is not applicable to applicant co-operative society, when no government aided institution has invested in its share capital

Jalgaon Jilha Sahakari Dudh Utpadak Sangh Ltd., Jalgaon, is a co-operative society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960. The State of Maharashtra passed the Act: The Maharashtra State Public Services Reservation For Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimutta Jatis, Nomadic Tribes, Special Backward Category And Other Backward Classes, Act, 2001 ("Act of 2001"). Due to financial constraints, in the year 1994-95, the management of the applicant was handed over to National Dairy Development Board (N.D.D.B), a body corporate constituted under the National Dairy Development Board Act, 1987. For the period 1995-2015, N.D.D.B. was in the management of the applicant - Society.

The State has filed an affidavit, stating therein it to have not invested in the share capital of the applicant/Society. The explanation to Section 2(c) speaks about the term ‘Government aided institution' appearing in the definition of the term ‘establishment’.

Applicability of the statute or otherwise to a given situation or the question of statutory liability of a person/institution under any provision of law would invariably depend upon the scope and meaning of the provisions concerned and has got to be adjudged not on any concession made. Any such concessions would have no acceptability or relevance while determining rights and liabilities incurred or acquired because of the axiomatic principle, without exception, that there can be no estoppel against statute.

It, therefore, prima facie, appears that the Act of 2001 has no application to the Applicant - Society. The Managing Director did not have authority to give questioned undertaking and bind the Society forever. Society needs to be discharged from the given undertaking

Appearing counsel/s: Mr.V.R.Pawar, Mr.P.B.Salunke, Mr.S.N.Morampalle, Mr.P.B.Rakhunde

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