Bijumon .C.T vs The Board Of Directors
2022 Latest Caselaw 7820 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 20985 OF 2022
PETITIONER:

            BIJUMON C.T, AGED 49 YEARS,
            S/O RAJU (LATE), RESIDING AT CHEMMATTU THODY HOUSE,
            VADANAMKURRISI P.O, PALAKKAD DISTRICT-679121.

            BY ADV C.P.SABARI



RESPONDENTS:

    1       THE BOARD OF DIRECTORS OF THE CHERPALCHERI CO-OPERATIVE
            URBAN BANK LTD NO: 1696, CHERPALCHERI,
            PALAKKAD- 679503, REPRESENTED BY ITS CHAIRMAN.

    2       THE CHERPALCHERI CO-OPERATIVE URBAN BANK LTD NO: 1696,
            CHERPALCHERI, PALAKKAD- 679503, REPRESENTED BY ITS
            CHIEF EXECUTIVE OFFICER.

            BY ADVS.R.SREEHARI
            K.R.SANTHOSH KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20985 OF 2022
                                  -2-

                            JUDGMENT

Even though there are various assertions,

averments and allegations made and urged in this

writ petition, when this matter was called today,

Sri.C.P.Sabari - learned counsel for the

petitioner, confined his plea that the competent

among respondents be directed to take up Ext.P8

request made by his client, seeking promotion to

the post of an 'Internal Auditor' on the strength

of Ext.P3 Degree Certificate issued by the

Bharathiar University, which has been recognized

by the University Grants Commission (UGC), as is

evident from Ext.P6 list of recognized

Universities.

2. Sri.R.Sreehari - learned counsel for the

respondents, submitted that if the petitioner only

requires Ext.P8 to be taken up and disposed of by

the respondents, there does not appear to be any WP(C) NO. 20985 OF 2022

legal impediment in doing so; however, praying

that this Court may not make any affirmative

declarations in his favour in this judgment and

leave it to the said Authorities to take an

apposite decision, as per law. He then explained

that respondents have not yet disposed of Ext.P8,

because the petitioner is working in the 'Urban

Co-operative Bank', and not in the services of his

clients. He, however, conceded, to a pointed

question from this Court, that there is no legal

impediment faced by the petitioner on this ground

alone.

Resultantly, I order this writ petition and

direct the competent among the respondents to take

up Ext.P8 representation of the petitioner and

dispose of the same, after affording him an

opportunity of being heard; thus culminating in an

appropriate order and necessary action thereon, as

expeditiously as is possible. WP(C) NO. 20985 OF 2022

Needless to say, until such time as the afore

exercise is completed and the resultant order

communicated to the petitioner, the vacancy in the

post of 'Internal Auditor' shall not be filled up.

At this time, Sri.C.P.Sabari - learned counsel

for the petitioner, intervened to say that Bank

may also be directed not to insist on the

Equivalency Certificate with respect to his

client's educational qualifications, adverting to

Ext.P9 judgment of this Court.

Certainly, if the equivalency of the

petitioner's qualification is an issue, then the

Bank will advert to Ext.P9 implicitly while

issuing the order resultant to the afore

directions.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 20985 OF 2022

APPENDIX OF WP(C) 20985/2022

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE (SSLC) OF THE PETITIONER ISSUED IN THE MONTH OF MARCH, 1998

EXHIBIT P2 A TRUE COPY OF THE MARKS STATEMENT DATED 9.12.2016 OF THE PETITIONER PASSING THE SENIOR SECONDARY SCHOOL EXAMINATION HELD BY THE NATIONAL INSTITUTE OF OPEN SCHOOLING

EXHIBIT P3 A TRUE COPY OF THE DEGREE CERTIFICATE DATED 28.10.2020 OF THE PETITIONER IN B.A (ENGLISH LITERATURE) ISSUED BY THE BHARATHIAR UNIVERSITY

EXHIBIT P4 A TRUE COPY OF THE CONSOLIDATED STATEMENT OF MARKS FOR B.A ENGLISH LITERATURE ISSUED TO THE PETITIONER DURING MAY, 2019 BY THE BHARATHIAR UNIVERSITY

EXHIBIT P5 A TRUE COPY OF THE BONA FIDE CERTIFICATE DATED 20.9.2021 ISSUED BY THE DIRECTOR, SCHOOL OF DISTANCE EDUCATION, BHARATHIAR UNIVERSITY TO THE PETITIONER

EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES OF THE CONSOLIDATED LIST OF RECOGNIZED UNIVERSITIES PUBLISHED BY THE UGC IN ITS OFFICIAL WEBSITE, AS UPDATED ON 02.05.2022

EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 22.9.2014 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PALAKKAD BY APPROVING THE STAFF PATTERN AND THE WP(C) NO. 20985 OF 2022

FEEDER CATEGORY SUB RULES OF THE SECOND RESPONDENT BANK

EXHIBIT P8 A TRUE COPY OF THE PETITION DATED 21.3.2022 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN/ GENERAL MANAGER OF THE SECOND RESPONDENT BANK

EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 7.2.2020 IN W.P (C) NO: 71/2018

EXHIBIT P10 A TRUE COPY OF THE JUDGMENT DATED 10.6.2022 IN W.P (C) NO: 18826 OF 2022

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE