M.N.Murali vs The Managing Committee Of ...
2022 Latest Caselaw 7182 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                       WP(C) NO. 12866 OF 2022
PETITIONER:

            M.N.MURALI, ASSISTANT SECRETARY, MEENANGADI
            SERVICE CO-OPERATIVE BANK LTD.NO.F 1061,
            P.O.MEENANGADI, WAYANAD-673 591.

            P.N.MOHANAN
            C.P.SABARI
            AMRUTHA SURESH



RESPONDENTS:

    1       THE MANAGING COMMITTEE OF MEENANGADI SERVICE CO-
            OPERATIVE BANK LTD.NO.F1061, REPRESENTED BY ITS
            PRESIDENT, P.O.MEENANGADI, WAYANAD-673 591.

    2       MEENANGADI SERVICE CO-OPERATIVE BANK LTD.NO.F 1061,
            REPRESENTED BY ITS SECRETARY, P.O.MEENANGADI,
            WAYANAD-673 591.

            SRI.TONY THOMAS (INCHIPARAMBIL)
            SRI.E.S.FIROS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12866 OF 2022
                                   2


                              JUDGMENT

There can be no doubt that the issues impelled in this

case have already been answered in favour of the petitioner by

two different learned Judges of this Court through Ext.P6

judgment.

2. The petitioner has been asked, through Ext.P5, to

produce an Equivalency Certificate with respect to his

educational qualifications but this Court has already declared

that such a stipulation is unnecessary.

3. Sri.P.N.Mohanan - learned counsel for the petitioner,

vehemently argued that, therefore, his client is now

imminently entitled to the reliefs sought for and thus prayed

that this writ petition be allowed.

4. Smt.Sradha Mohan - learned counsel representing

Sri.Tony Thomas (Inchiparambil) - learned standing counsel

for the Society, initially sought time to file counter pleadings;

but to a pointed question from this Court, she was unable to

contest the fact that the requirement for an Equivalency

Certificate has been already found to be unnecessary by this

Court through Exts.P6 and P9 judgments.

In the afore circumstances and being guided by Exts.P6 WP(C) NO. 12866 OF 2022

and P9 judgments, the declarations in which, I am in full

affirmation, I allow this writ petition and set aside Ext.P5 to

the extent to which it asked the petitioner to produce an

Equivalency Certificate; however, making it clear that the

Bank and the other Authorities will be at full liberty to ensure

that every other statutory requirements and pre - requisites

are complied with and satisfied, while the petitioner's

promotion to the post of Secretary is considered.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 12866 OF 2022

APPENDIX OF WP(C) 12866/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEGREE CERTIFICATE OBTAINED FROM TAMILNADU OPEN UNIVERSITY.

Exhibit P2 A TRUE COPY OF THE COURSE COMPLETION CERTIFICATE ISSUED BY THE UNIVERSITY.

Exhibit P3 A TRUE COPY OF THE RELEVANT PRINT OUT OF THE LIST OF UNIVERSITIES OF UGC APPROVED.

Exhibit P4 A TRUE COPY OF THE JUDGMENT AS REPORTED IN 2013 (2) KLT 609.

Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 30.03.2022 ALONG WITH THE RESOLUTION NO.17 DATED 26.03.2022.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 07.02.2020 IN WP(C) NO.71/2018.

Exhibit P7 A TRUE COPY OF THE PUBLIC NOTICE DATED 23.02.2018 OF THE UGC.

Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DATED 23.11.2021 IN WP(C) NO.26093/2021.

Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 23.02.2022 IN WP(C).NO.26093/2021.