Kerala High Court
Sinoj P.S vs The Pindimana Service ... on 5 November, 2021
WA No.1432/2021 1 / 12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 5th day of November 2021 / 14th Karthika, 1943
WA NO. 1432 OF 2021
AGAINST JUDGMENT DATED 28.10.2021 IN WP(C) 20976/2021 OF THIS COURT.
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APPELLANT/PETITIONER IN W.P.(C) 20976/21:
SINOJ P.S,S/O.SIVAN,PUTHENPURA HOUSE,PINDIMANA P.O.,
MUTHENKUZHI, ERNAKULAM, PIN-686692.
BY ADVS.M/S. P.P.JACOB & MARIYAM JACOB
RESPONDENTS/RESPONDENTS IN W.P.(C) 20976/21:
1.THE PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.25,
CHELAD P.O.,KOTHAMANGALAM,ERNAKULAM-686681,
REPRESENTED BY ITS SECRETARY.
2.THE BOARD OF DIRECTORS OF THE PINDIMANA SERVICE
CO-OPERATIVE BANK LTD.NO.25, CHELAD P.O.,KOTHAMANGALAM,
ERNAKULAM-686681,REPRESENTED BY ITS PRESIDENT.
3.THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
ERNAKULAM,OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (G),ERNAKULAM,5TH FLOOR,NEW BLOCK,
CIVIL STATION,KAKKANADU-682030.
4.ANEESH RAJAN,PULPRAKUDY HOUSE,PINDIMANA,
KOTHAMANGALAM, ERNAKULAM-686681.
5.JIBI ELIAS,MOLATH HOUSE,MALIPARA,
CHELAD P.O., PAZHANGARA, ERNAKULAM-686681.
P.T.O.
WA No.1432/2021 2 / 12
6.LIJO RAGHAVAN,PLATHUMOOTIIL HOUSE,
PINDIMANA, ERNAKULAM.
7.JASMIN IBRAHIM,CHITTOTHKUDI,
AIROORPADAM,PINDIMANA,ERNAKULAM.
8.CHINTU BASIL, W/O.BASIL, KOOTTAPPALA HOUSE,
CHELAD P.O., KOTHAMANGALAM.
BY ADV.SRI.ALEXANDER JOSEPH FOR R1 & R2.
SPECIAL GOVERNMENT PLEADER SRI.P.P.THAJUDEEN FOR R3.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, High Court be pleased
to stay all further proceedings pursuant to Ext.P1 notification and the
conduct of written test and interview scheduled on 6.11.2021 pending
disposal of the above appeal.
This Writ Appeal again coming on for orders on 05/11/2021 upon
perusing the appeal memorandum and this Court's order dated 03/11/2021,
the court on the same day passed the following:
P.T.O.
WA No.1432/2021 3 / 12
EXT.P1:TRUE PHOTOCOPY OF THE NOTIFICATION DATED 10.09.2021
ISSUED BY THE SOCIETY ALONG WITH ENGLISH TRANSLATION.
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WA No.1432/2021 4 / 12
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
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W.A. No. 1432 of 2021
(arising out of the Judgment in WP(C) No. 20976 of 2021 dated 28/10/2021)
=========================================
Dated this the 5th day of November, 2021
ORDER
Read this in continuation of the order dated 03.11.2021
rendered by us in this appeal.
2. We have heard Sri.P.P.Jacob, learned counsel for the
appellant, Sri. Alexander Joseph, learned counsel appearing for R1 & R2
in the WA (Co-operative Society Bank) and Sri.P.P.Thajudeen, learned
Spl.Government Pleader (Co-operation), appearing for R3, on the plea of
interim stay urged by the appellant in this case.
3. After hearing both sides, Sri.P.P.Thajudeen, learned
Spl.Government Pleader (Co-operation), appearing for R3 on the basis of
written instructions has submitted before us that even now the
respondent Co-operative Bank has not made a single appointment to any
one of the posts in the approved staff strength of the respondent Bank, for
reserving 10% of the same for SC/ST category in terms of the mandate
contained in Section 80(4) of the Kerala Co-operative Societies Act.
Further that one, Smt. P.K. Leela happens to belong to SC community, but
she had continued on adhoc basis to do cleaning works in one of the
branches of the respondent Bank and that the respondent Bank
themselves had regularized her appointment as part-time sweeper and
WA No.1432/2021 5 / 12
that the said selection and appointment of Smt.P.K.Leela was not on the
basis of selection to the post or vacancy set apart exclusively for SC/ST
reservation as mandated in Section 80(4) and therefore, even if Smt.
P.K.Leela belongs to SC community, her appointment cannot be counted
to reckon as to whether the 10% exclusive SC/ST reservation in terms of
Section 80(4) of the Act has been complied by the respondent Bank.
Further that, even if the post of part-time sweeper held by Smt.P.K.Leela
is treated as one among the post included in the authorized / approved
staff strength of 15 posts, still the present selection notification in not
providing any reservation for SC/ST community in terms of Section
80(4) appears to be illegal and ultra vires.
4. Per contra, Sri.Alexander Joseph, learned counsel appearing
for R1- Co-operative Society would submit that the said appointment of
Smt.P.K. Leela, who belongs to SC/ST community should be treated as
the one satisfying the 10% reservation as against the total number of
posts of approved staff strength in the respondent Bank and that
therefore, there is no question of violation of the mandatory reservation
norms in terms of Section 80(4). Further that seven regular incumbents
are continuing as against these 7 posts and 5 posts are now notified in
terms of Ext.P1 and there are balance vacant posts out of the total
approved staff strength and reservation be easily made in the said post
WA No.1432/2021 6 / 12
and that therefore, this Court may not interfere in this matter.
Alternatively it is also urged by Sri. Alexander Joseph, learned counsel
appearing for R1 Society that even if this Court holds that there is
illegality in not providing for SC/ST reservation in terms of Section
80(4), the same can be rectified by issuing a supplementary notification
later.
5. Sri.P.P.Jacob, counsel for the appellant would urge that in
view of the objective facts which is now disclosed before this Court on the
basis of the factual instructions submitted by the 3 rd respondent Joint
Registrar, there cannot be any two views that the respondent Bank has
committed a grave illegality in not providing for SC/ST reservation, of
10% as against the 15 posts and further that, the post of part-time
sweeper cannot be counted as one among the authorized staff strength
post of 15 posts and that at any rate the appointment of Smt.P.K.Leela
cannot be reckoned for the above said purpose. Further it is also urged
by Sri.P.P.Jacob, learned counsel appearing for the appellant that
permitting the conduct of the written examination now and then issuing
a separate notification for SC/ST would result in a situation of conducting
separate examination for SC/ST which would certainly be rather
improper, to say the least etc, these are the submissions of the parties as
regards the first point regarding non-compliance of the reservation
WA No.1432/2021 7 / 12
norms for SC/ST under Section 80(4) of the Kerala Co-operative
Societies Act.
6. The second aspect is that, admittedly going by the pleadings
of the first respondent Society, both the written test and the interview are
scheduled to be held on the same day which has already been indicated in
the order dated 03.11.2021 and which would be highly improper and
unreasonable. We need not re-iterate the above said reasons.
Sri.Alexander Joseph, learned counsel appearing for R1 would submit
that there is no unfairness and the confidentiality of the marks in the
written test will not in any way breached in as much as 250 candidates
have applied and that all the 250 candidates could be allowed to take part
in the both in the written examination and in the subsequent interview,
to be conducted on the same day. At this interim stage, we are not in a
position to countenance the said plea of counsel for the 1 st respondent.
Prima facie, allowing all the candidates to participate in the interview,
may not be the right and reasonable method, as the 5 posts now notified
in terms of Ext.P1 are five distinct and separate categories of posts and it
appears that altogether, there are 250 candidates for all the said 5 posts,
the number of applicants per post for a particular category of post would
be much more than 5 to 10 times for the sole vacancy concerned. Hence,
at this stage, prima facie, we feel that shortlisting process is highly
WA No.1432/2021 8 / 12
warranted. If that be so, the written examination will have to be
conducted, the results will have to be gathered thereof and shortlisting
process will have to be resorted to and thereafter the marks of the written
examination will have to be kept highly confidential and that interview
may have to be conducted consequently. Hence the present selection
process appears to be vitiated on this core aspect.
7. More seriously, we are now apprised by Sri.P.P.Tajudeen,
learned Special Government Pleader (Co-Operation) that the 3 rd
respondent Joint Registrar has perused the preliminary enquiry
conducted by the Asst. Registrar which as revealed serious allegations of
irregularities and even corruption which may vitiate the selection
process. The written instructions furnished the the said 3 rd respondent
Joint Registrar has been made available by the learned Special
Government Pleader (Co-operation), for our perusal and we do not want
to get into the factual details of the same, lest it may prejudice the parties
concerned, in as much as if the allegations are ultimately found to be not
correct, it might harm the reputation of the respondent Co-operative
Society and the persons against whom the allegations are made and if the
allegations are even prima facie, true, then it might give enough time to
the wrong doers to exculpate themselves unlawfully. Therefore, we are
not getting into the factual details of the said allegations. However, that
WA No.1432/2021 9 / 12
aspect would primafacie disclose and caution us that many things may
not be clean and proper in the conduct of selection process. Further that
the Special Government Pleader (Co-operation) would submit before us
on the basis of instructions that the 3 rd respondent Joint Registrar has
now issued proceedings dated 03.11.2021, ordering the conduct of a
detailed enquiry in terms of Section 65 of the Kerala Co-operative
Societies Act and further that, if necessary and depending upon the said
outcome of the said enquiry, the 3 rd respondent may even weigh many
options, including the option for ordering Vigilance proceedings under
Section 68A of the Kerala Co-operative Societies Act. Sri.Alexander
Joseph, learned counsel appearing for R1 would submit that the above
said allegations made as against certain persons in charge of the conduct
of the Society, are per se false etc and that this Court may not rely on the
same. After considering the last of the above said aspects, we are of the
firm view that at this interlocutory stage, we have to be very cautious to
ensure full integrity and fairness of the Selection process in as much as
not only it should be fair, but that it should also appear as fair to the
candidates who appear for selection and the public at large including the
members of the Society.
8. Faced with this situation, Sri.Alexander Joseph, learned
counsel appearing for R1 would submit that many steps have already
WA No.1432/2021 10 / 12
been met in the conduct of the examination now proposed to be held on
06/11/2021. We are given the impression that the examination is
scheduled to be conducted by hiring a hall of a nearby aided school, who
may not charge any rent.
9. After taking into consideration the above said aspects, we are
of the firm view that it may not be right and proper to permit the first
respondent Society to proceed with the conduct of written examination
and interview on 06/11/2021 in pursuance of Ext.P1 Selection
Notification. Hence it is ordered that all further steps in pursuance of the
impugned Selection process at Ext.P1 including the proposed conduct of
the written examination and interview, on 06.11.2021 or any deferred
date shall remain stayed and shall be kept in abeyance. It is made clear
that the above said stay is only pertaining to the above said selection
process and that the 3rd respondent Joint Registrar may proceed
independently with the conduct of the Section 65 detailed enquiry in
accordance with law and that the same may be completed without much
delay and copy of the same may be made available to this Court as well as
to R1 Society. So also, we would request Sri.P.P.Thajudeen, learned
Special Government Pleader, Co-operation who appear for the official
respondents to get specific factual instructions from the competent
authority of the State Government and the Registrar of the Co-operative
WA No.1432/2021 11 / 12
Societies as to whether selection of this nature including the one covered
by Ext.P1 could be entrusted to the Co-operative Service Examination
Board, constituted in terms of Section 80B of the Act which deals with
selection process in the post in the category of Junior Clerks and above.
List the case on 12.11.2021.
Handover
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
VIJU ABRAHAM
JUDGE
Nsd
05-11-2021 /True Copy/ Assistant Registrar
