IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 3953 OF 2021
PETITIONER:
MANJUSHA K.P., AGED 27 YEARS
W/O. AAZAD DIN, KULANGARA VAYAL, KAKKODI P.O.,
KOZHIKODE DISTRICT.
SRI.M.SASINDRAN
SRI.S.SHYAM KUMAR
RESPONDENTS:
1 STATE OF KERALA - REPRESENTED BY SECRETARY TO
GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 STATE CO-OPERATIVE SERVICE EXAMINATION BOARD,
KERALA STATE CO-OPERATIVE BANK BUILDING OVER BRIDGE,
THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS
SECRETARY.
3 THE CALICUT NORTH SERVICE CO-OPERATIVE BANK LTD.,
KARUVASSERY EAST, KOZHIKODE-673010, REPRESENTED BY ITS
SECRETARY.
4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KOZHIKODE-673001.
P.P.JACOB
MARIYAM JACOB
PARVATHY K., GP
S.L.SHYLAJA, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3953 OF 2021
2
JUDGMENT
The petitioner says that she has been included as Rank No.1 in a Rank List prepared by the 2nd respondent - State Co- operative Service Examination Board ('Board' for short); but that she has been denied appointment as its Assistant Secretary by the 3rd respondent - Calicut North Service Co- operative Bank (hereinafter referred to as 'the Society' for short). She, therefore, prays that the Society be directed to appoint her forthwith to the post of Assistant Secretary.
2. The afore submissions of Sri.M.Sasindran - learned counsel for the petitioner were, however, controverted by Sri.P.P.Jacob - learned Standing Counsel for the Society, saying that the requisition made by his client to the Board, for filling up the post in question through direct recruitment, was in error because, after Rule 185(2) of the Kerala Co-operative Societies Rules ('KCS Rules' for short) was amended with effect from 28.04.1999, the post of Assistant Secretary can be filled up only in the ratio of 3:1 between promotees and direct recruitees. He submitted that there is only one post available in the cadre of Assistant Secretary in the Society and therefore, that it cannot be filled up through a direct recruitment, thus rendering it 100%. He thus prays that this WP(C) NO. 3953 OF 2021 1 writ petition be dismissed.
3. Sri.Arjun N., learned counsel representing Smt.Shylaja, learned standing counsel for the "Board", submitted that his client has only acted as per the requisition given to them by the Society and that he has no other comment to make on the claim made by the petitioner.
4. In reply, Sri.M.Sasindran submitted that once the Society had made a requisition to the "Board", they cannot resile from it and say that the vacancy cannot be filled up through direct recruitment. He thus reiteratingly prayed that this writ petition be allowed.
5. I am afraid that I cannot find favour with the afore submissions of Sri.M.Sasindran because, whatever be the action taken by the Society, it is indubitable that it cannot be approved unless it implicitly confirms with the applicable statutory scheme. It is without contest that, consequent to the amendment of Rule 185(2) of the "KCS Rules", the post of Assistant Secretary cannot be filled up, except in the ratio of 3:1 between promotions and direct recruitments. When it is without dispute that there is only one post of Assistant Secretary for the Society, then it cannot be filled up through direct recruitment and it has to certainly go to a person WP(C) NO. 3953 OF 2021 2 seeking promotion.
6. In the afore circumstances, though I find empathy for the petitioner, who have had to go through the entire process without any purpose, I cannot direct the Society to appoint her for the reasons above.
Resultantly, I close this writ petition; however, leaving liberty to the petitioner to invoke any remedy available for any other claims; and also clarify that if any further vacancy is to arise in the Bank, she will be entitled to apply for it and to be selected, subject to her qualifications, de hors these proceedings.
Sd/- DEVAN RAMACHANDRAN JUDGE Mc/stu WP(C) NO. 3953 OF 2021 3 APPENDIX OF WP(C) 3953/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION NO.4/2018 DATED 27.12.2018. EXHIBIT P2 A TRUE COPY OF THE RANK LIST PUBLISHED BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS EXHIBIT R3E TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.17791/19 DATED 10.07.2019 EXHIBIT R3F A TRUE COPY OF THE REPRESENTATION DATED 10.06.2021 SUBMITTED BY EMPLOYEE BINDUSHA EXHIBIT R3G A TRUE COPY OF THE RESOLUTION NO.26 DATED 18.06.2021 OF THE THIRD RESPONDENT EXHIBIT R3H A TRUE COPY OF THE PROCEEDING ISSUED BY THE PRESIDENT OF THE THIRD RESPONDENT DATED 23.06.2021 EXHIBIT R3I TRUE COPY OF THE JUDGMENT REPORTED IN 2011 (1) KLT SN 76