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Issues Involved:
1. Validity of the Order of the Lt. Governor dated 27th October, 1987. 2. Validity of the subsequent Notification dated 29th August, 1990. 3. Seniority of members of the Society for allotment of plots. Summary: 1. Validity of the Order of the Lt. Governor dated 27th October, 1987: The appellants challenged the validity of the Order of the Lt. Governor dated 27th October, 1987, which exempted the Rehabilitation Ministry Employees' Cooperative House Building Society Ltd. from the provision of Section 12 of the Delhi Cooperative Societies Act, 1972, and gave retrospective effect to the amended bye-law 5(1)(a)(iii) from 10th January, 1968. The Supreme Court held that the notification was valid under Section 88 of the Act. The Court emphasized that the purpose of the quasi-judicial order dated 19th August, 1985, was to regularize the membership of persons who had become members of the Society many years ago. The notification dated 27th October, 1987, was issued to subserve that purpose, and it was neither unreasonable nor issued in bad faith. The Court stated, "In the normal course, it would not be just and proper to interfere with such an order under Article 136 of the Constitution." 2. Validity of the subsequent Notification dated 29th August, 1990: The subsequent Notification dated 29th August, 1990, rescinded the earlier notification dated 27th October, 1987. The Supreme Court held that this subsequent notification was ultra vires as it effectively reviewed and nullified the quasi-judicial order dated 19th August, 1985, which had become final. The Court stated, "It is settled law that a quasi-judicial order once passed and having become final cannot be reviewed by the authority passing that order unless power of review has been specifically conferred." The Court further noted that the notification dated 29th August, 1990, was invalid as it took away the vested rights of the members created by the earlier notification. 3. Seniority of members of the Society for allotment of plots: The appellants contended that the seniority of 15 members, who had filed fresh affidavits after the appellants had been enrolled as members, could not be given priority over them. The High Court found that these 15 persons were admitted as members of the Society prior to 17th November, 1979, and their membership was only regularized in the meeting held on that date. The Supreme Court upheld the High Court's view, stating, "The 26 persons of Category 'C' including the appellants would obviously be junior to the 15 members referred to above." The Court found no error in the High Court's decision regarding the seniority of members. Conclusion: The Supreme Court dismissed the appeal, upholding the validity of the notification dated 27th October, 1987, and declaring the subsequent notification dated 29th August, 1990, as ultra vires. The Court also upheld the High Court's decision regarding the seniority of the Society's members. The appeal was dismissed, and the parties were directed to bear their own costs.
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