Kerala High Court
Delvi C.Davis vs Kerala Co-Operative Service ... on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.27746 OF 2020(P)
PETITIONER:
DELVI C.DAVIS
AGED 34 YEARS
W/O.DENNY PETER,
ARAKKAL HOUSE,
NEAR VADEL CONVENT,
NAYARAMBALAM,
ERNAKULAM-682509.
BY ADVS.
SRI.S.K.BALACHANDRAN
SRI.K.M.BIJU
SMT.N.D.DEEPA
RESPONDENTS:
1 KERALA CO-OPERATIVE SERVICE EXAMINATION BOARD
2ND FLOOR,KERALA STATE CO-OPERATIVE BANK BUILDING,
OVER BRIDGE JUNCTION,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY/CHAIRMAN,
PIN-695001.
2 JOINT REGISTRAR(GENERAL),
CO-OPERATIVE SOCIETIES,
ERNAKULAM,
PIN-682030.
3 MULAVUKKAD SERVICE CO-OPERATIVE BANK LTD.NO.E.891,
PONNARIMANGALAM,
MULAVUKKAD.P.O,
ERNAKULAM-682504.
4 AYIROOR SERVICE CO-OPERATIVE BANK LTD.NO.2237,
AYIROOR.P.O, ERNAKULAM DISTRICT-683579.
5 MARADU SERVICE CO-OPERATIVE BANK LTD.NO.43,
MARADU.P.O, ERNAKULAM DISTRICT-682304.
6 KADUNGALOOR SERVICE CO-OPERATIVE BANK LTD.NO.863,
WEST KADUNGALOOR.P.O, ERNAKULAM DISTRICT-683110.
WP(C).No.27746 OF 2020
2
R1 BY SMT.S.L.SYLAJA, SC, CO-OPERATIVE SERVICE
EXAMINATION BOARD
R3 BY ADV. SRI.JOHN VIPIN
R5 BY ADV. SRI.T.K.RADHAKRISHNAN
R5 BY ADV. SMT.S.SREEDEVI(ALP)
R5 BY ADV. SRI.T.R.HARIKRISHNAN
R5 BY ADV. SHRI.MUHAMMED SABIR
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27746 OF 2020
3
JUDGMENT
Dated this the 13th day of January 2021
Pursuant to a notification inviting applications
to fill up the vacancies to the first respondent,
the petitioner also responded. Contending that, she
is entitled to 5 marks towards the grace marks under
Rule 182(4)(IV A)of the Kerala Co-operative
Societies Rules, in the interview proposed to be
held, the petitioner approached this Court. By an
interim order dated 15.12.2020, this Court directed
that, if the certificates are produced evidencing
her residence within the area of operation of the
society and she shall be provisionally granted 5
marks as grace mark.
When the matter was taken up today, it was
submitted by the learned counsel for the petitioner
as well as the learned counsel for the respondents
that granting of 5 marks as grace mark was held to
be unconstitutional and without authority by the
judgment of the Division Bench of this Court in
WP(C).No.27746 OF 2020
W.P(C)No.36842/2015 and connected cases.
Having taken notice of this, I am inclined to
hold that this writ petition has become infructuous.
Regarding the 5 marks granted as grace mark by
virtue of the interim order, the Examination Board
will be free to re-cast the marks accordingly in the
light of the above judgment.
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
WP(C).No.27746 OF 2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE
NOTIFICATION DATED 2/3/2020 PUBLISHED BY
THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE HALL TICKET DATED
10/10/2020 ISSUED TO THE PETITIONER
EXHIBIT P2(A) TRUE COPY OF THE SHORT LIST FOR THE POST OF
JUNIOR CLERK PUBLISHED BY THE 1ST
RESPONDENT IN THE EXAMINATION CONDUCTED ON
31/10/2020
EXHIBIT P3 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED
25/6/2010 ISSUED BY NAYARAMBALAM GRAMA
PANCHAYAT
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT DATED 29/7/2010
EXHIBIT P5 TRUE COPY OF THE 1ST PAGE OF THE
S.S.L.C.BOOK OF THE PETITIONER
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 31.5.2016
IN W.P.(C)NO.18301/2016
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 11/1/2017
IN W.A.NO.1220 OF 2016
//True Copy// P.A to Judge
