Kerala High Court
Nishad. V. R vs The Kerala State Co-Operative ... on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 16149 OF 2021
PETITIONER/S:
1 NISHAD. V. R
S/O.RAVEENDRAN, VADAKKECHARUVIL HOUSE, P.O UPPADA, MALAPPURAM
DISTRICT, PIN-679334.
2 JOJI P.JAMES,
S/O.JAMES, PANAKUNNEL HOUSE, THAYANNUR P.O., KASARAGOD DISTRICT, PIN-
671351.
3 VASANTHA KUMAR.K,
S/O.KUNAHANNA NAIK, PALLANJI HOUSE, PANDI P.O., MULLERIA VIA,
KASARAGOD, PIN-671543.
BY ADV O.D.SIVADAS
RESPONDENT/S:
1 THE KERALA STATE CO-OPERATIVE BANK LTD.
COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS
MANAGING DIRECTOR, PIN-695033.
2 THE MANAGING DIRECTOR
KERALA STATE CO-OPERATIVE BANK LTD., COBANK TOWERS, PALAYAM,
THIRUVANANTHAPURAM, PIN-695033.
3 THE REGIONAL MANAGER,
THE KERALA STATE CO-OPERATIVE BANK LTD., KANNUR REGIONAL OFFICE,
KANNUR, PIN-670001.
4 THE KERALA PUBLIC SERVICE COMMISSION
PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY, PIN-695004.
5 THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, TIGER HILLS
BUILDING NO.KMC XII-38-1, MUNICIPAL ROAD, KASARAGOD, PIN-671121.
BY ADVS.
GILBERT GEORGE CORREYA
SHRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16149 OF 2021
2
JUDGMENT
The grievance of the petitioners in the present writ petition is
that in the Kerala State Co-operative Bank, there were three
sanctioned post of Drivers, four vehicles were available and one
temporary hand is continuing in the non sanctioned post.
2. Pursuant to the requisition made by the erstwhile
Kasaragod District Co-operative Bank Ltd for selection to the post of
Driver, the Commission conducted a selection process including
written examination and practical test for selection to the post of
Driver. Being successful in the selection process, the petitioners are
included in the rank list published by the Commission to the post of
Driver. The 1st and 2nd petitioners are ranked as 4 and 6 in the main
list and the 3rd petitioner is ranked as 1 in the supplementary list for
Scheduled Tribe. Since there were four vehicles, respondents ought
to have filled up all the four posts and the petitioners in this case
would have been appointed.
3. On the other hand, learned counsel appearing for the
Kerala Public Service Commission submitted that General Manager
of the District Co-operative Bank, Kasaragod reported three
vacancies in the post of Driver in DCB on 31.10.2008 (one vacancy)
WP(C) NO. 16149 OF 2021
and 29.7.2010 (two vacancies). KPSC had invited applications
against these three vacancies for the said post. After the publication
of the Shortlist on 3.3.2014 a practical test was conducted but no
candidates was qualified for the practical test and the Commission
published a NIL ranked list on 1.12.2014. Again Commission issued
a notification for three vacancies on 10.9.2015. Rank list on
14.8.2018 for the said post under the Part I Category was published
but no qualified candidates were available to be included in the
Ranked list for selection to the post of Driver under Part II Category.
Petitioners secured Rank Nos. 4 and 6 respectively in the main list
of the ranked list dated 14.8.2018 for the post under Part I Category
while the 3rd petitioner, secured Rank No.1 in the Supplementary list
of ST Community in the Ranked List. All the persons seniors to the
petitioners were appointed. Rank list had expired on 13.8.2021.
District Co-operative Bank was amalgamated with the State Co-
operative Bank and as per the judgment of this Court, no fresh
appointments could be made until and unless the rules are framed
out, which have been now notified on 2.8.2021.
I have heard the learned counsel for the parties and appraised
the paper book and of the view that once the rank list expired, court
cannot interdict the appointment. Even otherwise, the District Co-
WP(C) NO. 16149 OF 2021
operative Bank amalgamated into State Co-operative Bank and in
the absence of any rules, no fresh appointments could be made
though the rules as per the submissions of the counsel have now
been notified ie, 2.8.2021. Persons in the rank list Nos.1, 2 and 3
have already been appointed and the petitioners, rank list Nos.4 and
6 cannot stake the claim. No ground for interference is made out.
Writ petition is accordingly dismissed.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 16149 OF 2021
APPENDIX OF WP(C) 16149/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE
RANK LIST DATED 14.08.2018 OF THE
CANDIDATES FOR THE POST OF DRIVER
PUBLISHED BY THE KERALA PUBLIC SERVICE
COMMISSION.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 29.07.2017
IN WP(C)NO.1327 OF 2019 RENDERED BY THIS
HON'BLE COURT.
