Kerala High Court
Leo Kunjachan vs State Of Kerala on 1 November, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:81228
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 38517 OF 2024
PETITIONER:
LEO KUNJACHAN
AGED 36 YEARS
S/O. KUNJACHAN, NJARAKKAT HOUSE,
NEDUNGAD, NAYARAMBALAM, ERNAKULAM,
PIN - 682 509.
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
BABU V.P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR,
SAHAKARANA BHAVAN, THAICAUD,
THIRUVANANTHAPURAM,
PIN - 695 014.
3 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES
CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682 030.
4 NAYARAMBALAM SERVICE CO-OPERATIVE BANK LTD.
NO.E92
REPRESENTED BY ITS SECRETARY,
NAYARAMBALAM P.O.,
ERNAKULAM, PIN - 682 509.
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WP(C) NO.38517 OF 2024
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5 THE SECRETARY
NAYARAMBALAM SERVICE CO-OPERATIVE BANK LTD.
NO.E92, NAYARAMBALAM P.O.,
ERNAKULAM, PIN - 682 509.
6 THE MANAGING COMMITTEE
NAYARAMBALAM SERVICE CO-OPERATIVE BANK LTD.
NO.E92, REPRESENTED BY ITS PRESIDENT,
NAYARAMBALAM P.O., ERNAKULAM,
PIN - 682 509.
SRI. M. M MONAYE - SC
SRI. DHEERAJ - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The 5th respondent issued Ext.P1
notification inviting application for two posts of
Peon in the 4th respondent Bank. The petitioner
states that both the vacancies are reserved for
candidates belonging to Scheduled
Caste/Scheduled Tribe. According to the
petitioner, this is against the provisions
contained in Section 80(4) of the Kerala
Co-operative Societies Act, 1969 (for short, 'the
Act') and Ext.P2 circular issued by the Registrar
of Co-operative Societies. The petitioner further
states that he belongs to the General category
and by reserving both the posts for candidates
belonging to Scheduled Caste/Scheduled Tribe,
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WP(C) NO.38517 OF 2024
he has been denied the right to participate in
the selection. Aggrieved by Ext.P1, the
petitioner has preferred Ext.P3 representation
before the 3rd respondent, the Joint Registrar
(General) of Co-operative Societies.
2. Sri.M.M.Monaye, the learned Standing
Counsel for respondents 4 to 6 submits that,
Ext.P1 notification has been issued strictly in
terms of Section 80(4) of the Act and Ext.P2
circular.
3. Since the petitioner has already
preferred Ext.P3 representation before the 3 rd
respondent, there will be a direction to the 3 rd
respondent to consider the same, after hearing
the petitioner and the 4th respondent Bank, as
expeditiously as possible, and in accordance
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with law, at any rate, before the selection
pursuant to Ext.P1 is completed.
The writ petition is disposed of with the
above direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
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WP(C) NO.38517 OF 2024
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF NOTIFICATION IN MALAYALA
MANORAMA DAILY DATED 21/10/2024 PUBLISHED
BY 5TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF CIRCULAR NO.19/10 DATED
31/3/2010 ISSUED BY 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED
23/10/2024 TO THE 3RD RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
