[Cites 15, Cited by 0]
Kerala High Court
Kanichodu Mpcs Ltd No. 181 (D) Apcos vs The State Of Kerala on 2 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:8402
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 2219 OF 2026
PETITIONERS:
1 KANICHODU MPCS LTD NO.181 (D) APCOS,
KALAMACHAL P.O., VAMANAPURAM,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS PRESIDENT,
PIN - 695606
2 VECHOOCHIRA MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD NO. PT 88 (D) APCOS,
VECHOOCHIRA, REPRESENTED BY ITS PRESIDENT,
PIN - 686511
3 EAST CHENKAL MILK PRODUCERS CO-OPERATIVE
SOCIETY LTD NO.T 283 (D) APCOS,
KUNNANVILA, VATTAVILA P.O.,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS PRESIDENT, PIN - 695132
BY ADVS.
SRI.N.ANAND
SMT.NISHA GEORGE
SRI.RAJESH O.N.
SRI.AMEER SALIM
SRI.SADIQ NAZAR
SRI.GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 THE STATE OF KERALA,
AGRICULTURE (DAIRY) DEPARTMENT SECRETARIAT,
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
:2:
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695001
2 THE DIRECTOR,
DAIRY DEVELOPMENT DEPARTMENT
PATTAM PALACE P.O.,
THIRUVANANTHAPURAM, PIN - 695004
3 THE THIRUVANANTHAPURAM REGIONAL MILK
PRODUCERS UNION LTD.NO. T 177 (D) APCOS,
KSHEERA BHAVAN, PATTOM,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 695004
4 THE RECRUITMENT COMMITTEE,
THE THIRUVANANTHAPURAM REGIONAL MILK PRODUCERS
UNION LTD.NO.T 177 (D) APCOS. KSHEERA BHAVAN,
PATTOM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CONVENER, PIN - 695004
5 KERALA STATE PRODUCTIVITY COUNCIL,
PRODUCTIVITY HOUSE, P.B NO: 08, H.M.T ROAD,
KALAMASSERY, COCHIN, KERALA, INDIA,
REPRESENTED BY ITS CHAIRMAN,
PIN - 683104
BY ADVS.
SRI.RENJITH TAMPAN (SR.)
SMT.LATHA ANAND, SC
SRI.V.M.KRISHNAKUMAR
SRI.S.VISHNU (ARIKKATTIL)
SRI.JAFFAR KHAN, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.01.2026, ALONG WITH WP(C).2316/2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 2316 OF 2026
PETITIONERS:
1 SHEEBA B.,
AGED 45 YEARS,
W/O. RAJAGOPAL C RAJ BHAVAN,
VELAMANNOOR P.O., PARAPPALLY,
KOLLAM, PIN - 691574
2 RESHMI RAJENDRAN,
AGED 29 YEARS,
C/O. RAJESH M G RAJESH BHAVAN,
NEDUVANNOOR, AVANEESWARAM RS P.O.,
THALAVOOR, KOLLAM, PIN - 691508
3 AJITHA S.,
AGED 37 YEARS,
W/O. SABU, SUDHA BHAVANAM,
NEELIKULAM, KULASEKHARAPURAM,
CLAPPANA,
KOLLAM, PIN - 690528
4 RAJEEV,
AGED 42 YEARS,
S/O. K. RAJASEKHARAN NAIR,
KARUNA,
EANIKKARA, KARAKULARR P.O.,
KARAKULAM,
THIRUVANANTHAPURAM, PIN - 695564
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
:4:
5 SAM THOMAS,
AGED 37 YEARS,
S/O. THOMAS, THEKKANALIL HOUSE,
KADAMANKODU P.O., THINKALKARIKKAKOM,
KOLLAM, PIN - 691310
6 AMEERKHAN B.,
AGED 34 YEARS,
S/O. BASHEER, PUNNAKKULANGARA,
VADAKKUMTHALA P.O.,
KARUNAGAPPALLY,
KOLLAM, PIN - 690536
BY ADVS.
SRI.N.ANAND
SMT.NISHA GEORGE
SRI.RAJESH O.N.
SRI.AMEER SALIM
SRI.SADIQ NAZAR
SRI.GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 STATE OF KERALA,
AGRICULTURE (DAIRY) DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 695001
2 THE DIRECTOR,
DAIRY DEVELOPMENT DEPARTMENT,
PATTAM PALACE P.O.,
THIRUVANANTHAPURAM, PIN - 695004
3 THE THIRUVANANTHAPURAM REGIONAL MILK
PRODUCERS UNION LTD. NO. T 177 (D) APCOS
KSHEERA BHAVAN, PATTOM,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 695004
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
:5:
4 THE RECRUITMENT COMMITTEE,
THE THIRUVANANTHAPURAM REGIONAL MILK
PRODUCERS UNION LTD. NO. T 177 (D) APCOS.
KSHEERA BHAVAN, PATTOM,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS CONVENER,
PIN - 695004
5 KERALA STATE PRODUCTIVITY COUNCIL,
PRODUCTIVITY HOUSE, P.B NO: 08,
H.M.T ROAD, KALAMASSERY, COCHIN,
KERALA, INDIA,
REPRESENTED BY ITS CHAIRMAN,
PIN - 683104
BY ADV.
SRI.RENJITH TAMPAN (SR.)
SMT.LATHA ANAND, SC
SRI.V.M.KRISHNAKUMAR
SRI.S.VISHNU (ARIKKATTIL)
SRI.JAFFAR KHAN, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.01.2026, ALONG WITH WP(C).2219/2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
:6:
CR
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.2219 and 2316 of 2025
`````````````````````````````````````````````````````````````
Dated this the 2nd day of February, 2026
JUDGMENT
~~~~~~~~~
The extent of State power in intervening with
the recruitment process for appointment of employees to the
Regional Milk Producers' Co-operative Societies, is the
subject matter of dispute in these two writ petitions.
2. The petitioners in W.P.(C) No.2219/2026 are
Primary Dairy Societies affiliated to the 3rd respondent-
Thiruvananthapuram Regional Milk Producers' Union Ltd. The
petitioners in both the writ petitions contend that constitution
of Recruitment Committees by the Government and
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
introduction of reservation and weightage in appointments to
Dairy Co-operative Societies will seriously intrude into the
autonomy of Dairy Co-operative Societies.
3. In order to implement Operation Flood-II
Project in Kerala, the Government of Kerala entered into an
agreement between themselves and the Indian Dairy
Corporation. Clause 4 of the agreement states that the
Government will permit the Co-operative institutions full
freedom to create positions and to recruit personnel and to fix
their remuneration, which they deem appropriate for carrying
out the Project, subject to such directions as may be given by
a Committee consisting of a nominee of the State
Government, a nominee of IDC/NDDB and the Managing
Director of the Federation/Union. As full freedom is to be
given to Co-operative institutions, it was for the Union to
create Committees to recruit personnel and fix their
remuneration.
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
4. The Government of Kerala issued G.O. (MS)
No.1/2021/DD dated 19.01.2021 and approved Recruitment
and Promotion Rules for the three Regional Milk Producers'
Unions, namely the Thiruvananthapuram Regional Co-
operative Milk Producers' Union Limited, the Ernakulam
Regional Co-operative Milk Producers' Union Limited and the
Malabar Regional Co-operative Milk Producers' Union Limited.
The petitioners state that Ext.P2 G.O. dated 19.01.2021 and
the Recruitment and Promotion Rules appended to the said
G.O. cannot be treated as statutory rules. Under Section 109
of the Kerala Co-operative Societies Act, such provisions will
have to be notified in the Official Gazette to be operative.
5. The petitioners state that Section 80 of the
Kerala Co-operative Societies Act requires that the
Government shall classify Societies and make rules,
prescribing qualifications and conditions of service of the
employees of the Societies. Provisions for classification of Co-
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
operative Societies are contained in Rule 182 of the Kerala
Co-operative Societies Rules. In Appendix III, classifications
have been incorporated. The three Regional Milk Producers'
Societies / Central Societies are not included in Appendix III.
Therefore, method of recruitment cannot be prescribed by the
Government, as long as the Regional Milk Producers' Unions
are included in Appendix III.
6. The petitioners state that even though the
respondents claim that the Government has power under
Section 80(8) of the Kerala Co-operative Societies Act, such
power cannot include method of classification as classification
is exclusively governed by Section 80 of the Act and Rule 182
of the Rules. The petitioners would reiterate that the
Recruitment and Promotion Rules appended to Ext.P2 G.O.
and approved by the Government cannot be treated as Rules
as contemplated under Section 109 of the Kerala Co-
operative Societies Act since the Recruitment and Promotion
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
Rules are not notified in the Official Gazette.
7. The petitioners state that the Kerala Co-
operative Societies Act was amended by Gazette Notification
dated 12.02.2021, incorporating Section 80BB. The amended
provision provided for constitution of Recruitment Committees
for the entire selection and recruitment of all permanent
employees across the three Regional Co-operative Milk
Producers Unions as per Ext.P3 Notification dated
14.11.2021.
8. The petitioners state that the
Thiruvananthapuram Regional Co-operative Milk Producers'
Union Limited initiated proceedings for promotion by selection
to the posts under supervisor/managerial cadre, as per Ext.P4
Notification dated 11.03.2024. An aspirant to one of the posts
filed W.P.(C) No.20753/2024 before this Court and this Court
passed an interim order dated 11.06.2024 directing that the
selection process shall not be done without getting further
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
orders of the Court. The Interim order was later modified by
this Court on 18.09.2025 permitting selection proceedings
except to the post of Assistant Manager (Production).
9. In the meanwhile, the Government issued
further guidelines as per G.O. (Rt.) No.73/2024/DD dated
05.06.2024 prescribing procedure for functioning of the
Recruitment Committees. The said G.O. permitted constitution
of Sub Committees for the purpose of conducting interviews.
Such a provision is intended to enable the State machinery to
have final say in the appointments, allege the petitioners.
10. By G.O. (P) No.4/2024/DD dated
25.05.2024, the Government notified the constitution of a
Recruitment Committee for all selection of all permanent
employees of the Regional Cooperative Milk Producers' Union
other than Managing Director, in Thiruvananthapuram. By
another G.O. (Rt.) No.112/2025/DD dated 07.07.2025,
whereby the Government ordered integration of the two
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
agencies intended for conducting written test and for
conducting group discussion / skill test, into one agency.
Thereafter, the Thiruvananthapuram Regional Cooperative
Milk Producers' Union Limited published e-Tender
No.TRU/PER/1/2025/2673 dated 09.10.2025 for selecting an
agency for recruitment process.
11. The petitioners state that the Recruitment
Committee, on an unknown date, selected the Kerala State
Productivity Council as the Agency to conduct the selection
process. One of the Union's Board of Directors is also on the
Board of Directors of the Productivity Council. The decision to
appoint the Productivity Council is intended to illegally
influence the selection process, contended the petitioners.
12. The petitioners state that the Government
again issued G.O. (Rt.) No.144/2025/DD dated 01.11.2025
pending for grant of weightage to dairy farmers and their
dependents in appointment to Regional Milk Producers'
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
Unions. As the Co-operative Societies Act and the Co-
operative Societies Rules already provide norms for
reservation, the Government could not have granted
reservation to dairy farmers by way of any executive
instruction, without any statutory support. Now, the
Thiruvananthapuram Regional Co-operative Milk Producers'
Union Limited has issued a detailed Recruitment Notification
No.TRU/PER/1/2025/35-DETAILED dated 03.11.2025 for
recruitment to various categories. Even thereafter, the Milk
Producers' Union issued Circular No.TRU:PER:1:2025-26
dated 07.11.2025 making amendments to reservation norms.
13. The petitioners argued that the Government
cannot frame Recruitment and Promotion Rules under which
the impugned notifications are issued, without such rules
being notified in the Official Gazette. The Government cannot
interfere with the functioning of the Regional Milk Producers
Societies. The Government, in effect, has taken over powers
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
of recruitment of employees of the Unions which is
impermissible. The Government has encroached the Unions'
selection process. Now, the entire selection process from
publishing Recruitment Notification to publication of rank list,
is effectively influenced and controlled by the Government.
14. Section 80BB does not permit the
Recruitment Committee to delegate their functions to an
outside agency. Neither the Recruitment Committee nor the
State Government can delegate statutory responsibilities to
any other agency. Similarly, the Government's insistence on
awarding weightage to certain sections is unsupported by
statute. Circular dated 07.11.2025 introduces weightage only
based on relationship, making the posts more or less heritable
in nature. Heritability and public appointments do not go hand
in hand. Public employment cannot afford preferential routes
through family trees.
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
15. The petitioners therefore seek to declare that
Section 80BB of the Kerala Co-operative Societies Act is
arbitrary and violative of Article 14 of the Constitution of India.
The petitioners also seek to quash G.O. dated 19.01.2021,
the G.O. dated 05.06.2024, the G.O. dated 25.05.2024, the
G.O. dated 07.07.2025, the e-Tender Notification of the
Thiruvananthapuram Regional Co-operative Milk Producers'
Union Limited dated 09.10.2025 and the Circular dated
07.11.2025.
16. The Thiruvananthapuram Regional Milk
Producers' Union Limited filed counter affidavit and opposed
the writ petition. The Union stated that the petitioners have no
locus standi to maintain the writ petition. They have no direct
nexus with the cause of action. Section 80BB does not affect
the petitioners in any manner. Constitutional validity of a
legislative enactment can be challenged only on the grounds
of lack of legislative competency or violation of any of
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
the fundamental rights. The petitioners have not questioned
the legislative competence nor they have a case that Section
80BB offends any of their fundamental rights.
17. It is further submitted that the Government is
not in any way controlling the appointments to the Society.
The Managing Director of the Apex Federation is the
Convenor of the Recruitment Committee. The Recruitment
Committee is independent in nature. The decision to form the
Recruitment Committee was decided in the meeting of the
office bearers of all the three Regional Co-operative Milk
Producers' Unions, the Apex Federation and the Government.
The decision to form Recruitment Committee was adopted by
the special General Body meetings of all the three Regional
Co-operative Milk Producers' Unions unanimously. Even the
petitioners had attended the General Body meeting.
18. The challenge against the G.O. dated
25.05.2024 is based on a wrong premise that the Government
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
is required to constitute a Recruitment Committee, every time
the Regional Co-operative Milk Producers' Union proposes to
hold selection. The Committee is a long-standing Committee.
Extensive consultation process was undertaken by the Apex
Society before introducing the changes. Discussions were
carried out with several similar Co-operative Societies outside
the State.
19. The Rule making powers of the Government
under Section 109 and Section 80 are distinct. Section 80(3)
and Section 80(8) are standalone provisions which enabled
the Government to frame Rules dehors the powers under
Section 109. Therefore, the condition of publication in Official
Gazette is not required for making regulations under Section
80(3) and Section 80(8). Employment under the Regional Co-
operative Milk Producers' Union cannot be treated as public
employment. Therefore, weightage granted to dairy farmers
cannot be said to be illegal or unconstitutional. There is no
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
provision prohibiting the Co-operative Societies from granting
preference in appointments to deserving category of persons.
The writ petitions are therefore without any merit and are
liable to be dismissed.
20. The Director, Dairy Development
Department also opposes the writ petitions. The Milk Co-
operative Societies in Kerala operate under a three tier
structure. In the year 2020, the Managing Director of the
Kerala Co-operative Milk Marketing Federation submitted a
draft Uniform Recruitment and Promotion Rules to the
Government for approval. These Rules aimed to standardise
matters relating to qualification, remuneration, allowances and
promotion across all the three Regional Milk Producers'
Unions. Before seeking Government approval, the Federation
had conducted extensive discussions with the Trade Unions
and reviewed models from Milk producers' Unions outside
Kerala. Recognising the necessity of common rules, the State
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
Government approved the Rules.
21. The Director urged that Section 80(8) gives
explicit power to the Government to frame uniform service and
conduct Rules for any or all classes of Co-operative Societies.
Earlier, the three Regional Co-operative Milk Producers'
Unions had maintained its own promotion policies which were
amended periodically. All the three Unions felt the necessity
to form common rules.
22. The Recruitment Committee is constituted to
ensure fairness in the selection process. The Notifications
issued by the Government are in tune with Section 80BB.
Guidelines have been issued by the Government to ensure
transparency in the selection process. There is no illegality in
granting weightage to dairy farmers and to their family. The
Government issued order dated 01.11.2025 after considering
the necessity of granting weightage. There is no substance in
the contention of the petitioners and the writ petitions are
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
therefore liable to be dismissed.
23. I have heard the learned Senior Counsel
assisted by the counsel for the petitioners and the learned
Special Government Pleader representing the State of Kerala.
I have also heard the learned Senior Counsel assisted by the
counsel for the Recruitment Committee and the learned
Standing Counsel for the Thiruvananthapuram Regional
Cooperative Milk Producers' Union.
24. The petitioners challenge formation of
Recruitment Committee and further proceedings by the
respondents initiated for making appointments in
Thiruvananthapuram Regional Co-operative Milk Producers'
Union. The constitution of Recruitment Committee by the
Government for the said purpose is based on the power
conferred on the Government under Section 80BB of the
Kerala Cooperative Societies Act, 1969.
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
25. Section 80BB of the Kerala Cooperative
Societies Act, 1969 reads as follows:
80BB. Recruitment Committee for
appointments in Regional Co-operative Milk
Producer's Union -
(1) Notwithstanding anything contained in this
Act or rules made thereunder Government shall, by
notification in the Gazette, constitute Recruitment
Committees which shall be the competent
committees for the entire selection and recruitment
process of all permanent employees of the Regional
Co-operative Milk Producers' Union.
(2) The Recruitment Committee for
undertaking the selection process of all employees
other than the Managing Director shall consist of not
more than eight members. The Secretary to
Government in charge of Dairy Development shall
be the Chairman of the Committee and the
Managing Director of the apex body of the Regional
Co-operative Milk Producers' Union, appointed by
the Government, shall be the Convener of the
Committee. The other members shall be as follows
namely:―
(i) Registrar of Dairy (Co-operatives);
(ii) Chairman of the Apex Society;
(iii) Joint Director (General), Dairy
Development Department or Joint Secretary to
Government, Dairy Development Department,
Government of Kerala;
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
(iv) An expert from Dairy Industry
nominated by the Government.
(v) Chairman, Regional Co-operative Milk
Producers' Union;
(vi) Managing Director, Regional Co-
operative Milk Producers' Union.
(3) The Recruitment Committee for
undertaking the selection process of the Chief
Executive or the Managing Director of the Regional
Co-operative Milk Producers' Union shall consist of
not more than four members. The Secretary to
Government in charge of Dairy Development
Department shall be the Chairman of the Committee
and the Chairman of Regional Co-operative Milk
Producers' Union shall be the Convener of the
Committee. The other members shall be the
Managing Director of the apex society and an expert
from Dairy Industry, nominated by the Government.
Section 80BB, in fact, casts an obligation on the Government
to constitute Recruitment Committees for the entire selection
and recruitment process of all permanent employees of the
Regional Co-operative Milk Producers' Unions.
26. The petitioners argue that Section 80BB
treats Milk Producers' Societies differently from similarly
placed other Central Co-operative Societies without any
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
intelligible differentia, thereby inviting the wrath of Article 14 of
the Constitution of India. For other Co-operative Societies,
either PSC or the Co-operative Examination Board conducts
selection process.
27. The constitutional validity of an Act can be
challenged only on two grounds, viz. (1) lack of legislative
competence; and (2) violation of any fundamental rights
guaranteed in Part III of the Constitution or any other
Constitutional provision. It has been so held by the Apex
Court in Greater Bombay Co-operative Bank Ltd. v. United
Yarn Tex. Pvt. Ltd. and others [(2007) 6 SCC 236]. In the
judgment in State of A.P. and others v. McDowell & Co.
and others [(1996) 3 SCR 721], the Apex Court held that
except the above two grounds, there is no third ground on the
basis of which a law made by the competent legislature can
be invalidated.
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
28. The petitioners do not question legislative
competence in enacting Section 80BB. However, the
petitioners have a case that the provision is arbitrary and
discriminatory towards Milk Producers' Societies. Therefore,
the context under which Section 80BB has been inserted in
the Kerala Co-operative Societies Act, 1969 gains
significance.
29. India's journey from a milk-deficit country in
1960s, to the world's large milk producer owes its success to
Operation Flood, launched by the National Dairy Development
Board (NDDB). This program introduced a Three-tier Co-
operative Society model at Village, District and State level.
Operation Flood-II Project was to be implemented by the
Government of India, State Governments, Indian Dairy
Corporation (IDC), NDDB and Milk Producers' Co-operative
Societies with the assistance from the International
Development Association (IDA) in various parts in India and
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
mutually selected Districts of the State of Kerala.
30. In order to avail itself of the benefits under
the Project and to assist IDC in complying with the various
covenants in the Project, an agreement was entered into by
the State Government with the IDA and IDC. In the
agreement, the Government undertook to take necessary
action, including steps for the amendment of the Kerala Co-
operative Societies Act, 1969 to the extent required and
issuance of notification by the State Government to facilitate
the formation of Dairy Co-operative Societies, District Co-
operative Milk Producers' Unions and Federations of such
Unions in the project area.
31. The Government further undertook to permit
the Co-operative institutions full freedom to create positions
and to recruit personnel and to fix their remuneration which
they deem appropriate for carrying out the project, subject to
such directions as may be given by a Committee consisting of
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
a nominee of the State Government, a nominee of ICD/NDDB
and the Managing Director of Federation/Union. The State
Government has thus undertaken to introduce necessary
amendments to the Act, 1969 and the agreement undertakes
to give necessary directions to the Co-operative institutions
functioning in the Dairy Sector, which are necessary to
implement the project.
32. Thereafter, the Managing Director of the
Kerala Milk Marketing Federation Limited submitted draft
"Recruitment and Promotion Rules" for the three Regional
Milk Producers' Unions including the Thiruvananthapuram
Regional Milk Producers' Union Limited and the Government
of Kerala and approved the Rules. Rule 2(1)(o) of the
approved Recruitment and Promotion Rules contemplated
constitution of a Recruitment Committee as per the provisions
of the Bye-laws of the Union for selection of candidates for
posts, except for the post of Managing Director. The three
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
Regional Unions have amended their respective Bye-laws to
facilitate the constitution of the Recruitment Committee.
33. The afore facts would indeed indicate that all
these steps are taken by the Unions and the Government of
Kerala in order to achieve a larger national goal as part of
Operation Flood, joining hands with IDC, NDDB, IDA and Milk
Producers' co-operative Societies. The amendments are in
public interest and national interest. In the aforesaid context,
Dairy/Milk Co-operatives stand on a different footing and there
is intelligible differentia in introducing Section 80BB in the
Kerala Co-operative Societies Act, 1969. The challenge
against Section 80BB based on violation of Article 14 of the
Constitution is therefore liable to be rejected.
34. The petitioners would further argue that the
Government approved Recruitment and Promotion Rules and
various Government Orders enabling the constitution of
Recruitment Committees for appointment to the posts in the
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
three Regional Milk Producers' Unions, cannot be treated as
valid Rules as those Rules are not notified in Official Gazette.
The petitioners rely on Section 109 of the Kerala Co-operative
Societies Act to urge so.
35. Section 109 of the Kerala Co-operative
Societies Act, 1969 reads as follows:
109. Power to make rules.-
(1) The Government may, for the
whole or, any part of the State and for any class of
societies, after previous publication, by notification in
the Gazette, make rules either prospectively or
retrospectively to carry out the purposes of this Act.
(2) In particular and without prejudice
to the generality of the foregoing power, such rules
may provide for all or any of the following matters,
namely:-
(i) the applicant to whom the order refusing
the registration of a society may be sent by the
Registrar;
(ii) the procedure and conditions for change
in the form and extent of the liability of a society;
(iii) the matters in respect of which a society
shall or may make bye-laws;
(iv) the procedure to be followed for
amendment of bye-laws by a society;
(v) the qualifications or disqualifications of
individuals who may be admitted as members of
societies;
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
(vi) the payment to be made and the
interests to be acquired before the exercise of the
right of membership;
(vii) the appointment by a society of one of
its members to represent and vote on its behalf at a
meeting of another society of which it is a member;
(viii) the maximum number of shares or
portion of the share capital of a society which may be
held by an individual member;
(ix) the procedure for the nomination of a
person to whom the share or interest of a member on
his death may be transferred or the value thereof may
be paid;
(x) the mode in which the value of a
deceased member's share shall be ascertained;
(xi) the election of members of the
committee by the general body of a society;
(xii) the requisitioning of a general body
meeting of a society;
(xiii) the remuneration payable to a new
committee or administrator or administrators
appointed by the Registrar under section 32 or section
33;
(xiv) the qualifications or disqualifications
for membership of the committee of a society;
(xv) the qualifications of employees of
societies;
(xvi) the prohibition against officers of a
society being interested in contracts with the society;
(xvii) the matters connected with the direct
and indirect partnership of the Government in
societies;
(xviii) the rate at which dividend may be
paid by societies;
(xix) the constitution of the Co-operative
Education Fund, the payment to be made to the fund
by a society out of its net profit and the mode of its
investment;
(xx) the mode of investment of funds of a
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
society;
(xxi) the objects of the reserve fund of a
society and the mode of its investment;
(xxii) the mode of disposal of the reserve
fund of a society on its winding up;
(xxiii) the extent to which and the conditions
subject to which a society may receive deposits and
loans;
(xxiv) the restrictions on transactions by a
society with non members;
(xxv) the restrictions on grant of loans by a
society against its shares;
(xxvi) the form and standards of fluid
resources to be maintained by societies accepting
deposits and granting cash credits;
(xxvii) the procedure to be followed in
proceedings before the Registrar, arbitrator or other
person deciding disputes;
(xxviii) the conditions subject to which the
assets of a society shall vest in a liquidator and the
procedure to be adopted in the winding up of a
society;
(xxix) the procedure for the recovery of
amounts due or payable to a society;
(xxx) the mode of making attachment
before judgment;
(xxxi) the manner of registering the address
of a society;
(xxxii) the account books and registers to be
kept by a society, and power of the Registrar to call
for any returns or to direct the accounts and books to
be written up;
(xxxiii) the manner of certification of entries
in the books of a society and of copies of documents
kept by it in the course of its business;
(xxxiv) the statements and returns to be
furnished by a society to the Registrar;
(xxxv) the restrictions on persons appearing
as legal practitioners;
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
(xxxvi) the inspection of documents and the
levy of fees for granting certified copies thereof;
(xxxvii) the procedure to be followed in, and
the fees for, audit and arbitration under this Act; and
(xxxviii) any other matter required or allowed
by this Act to be prescribed.
(3) Every rule made under this
section shall be laid as soon as may be after it is
made before the Legislative Assembly while it is in
session for a total period of fourteen days which may
be comprised in one session or in two successive
sessions, and if before the expiry of the session in
which it is so laid or the session immediately
following, the Legislative Assembly agrees that the
rule should be either modified or annulled, the rule
shall thereafter have effect only in such modified form
or be of no effect, as the case may be; so however
that any such modification or annulment shall be
without prejudice to the validity of anything previously
done under that rule.
Section 109(2) does not specifically take in the power to make
rules relating to recruitment of employees in Co-operative
Societies, though the residuary clause Section 109(2)(xxxviii)
provides for any other matter required or allowed by the Act to
be prescribed.
36. Section 80 of the Kerala Co-operative
Societies Rules provides for classification of Societies and for
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
regulating qualifications and conditions of service of officers
and servants of different classes of Co-operative Societies.
Section 80 reads as follows:
80. Officers, etc. of Co-operative Societies:-
(1) The Government shall classify the societies in
the State according to their type and financial
position.
(2) The Government shall, in consultation with the
Registrar, fix or alter the number and designation
of the officers and servants of the different classes
of societies specified in sub-section (1).
(3) The Government shall, make rules either
prospectively or retrospectively regulating the
qualification, remuneration, allowances and other
conditions of service of the officers and servants of
the different classes of societies specified in sub-
section (1). The appointment shall be regularised
only after verifying his/her character and
antecedents on subsequent police verification, as
may be prescribed.
(3A) Notwithstanding anything contained in this
Act or the rules made or orders issued thereunder
or in the bye-laws of any society relating to the
recruitment and conditions of service of officers
and servants of societies, except the Chief
Executive of the societies all appointments of
officers and servants of the societies mentioned in
the Schedule I for which direct recruitment is
resorted to shall be made from a select list of
candidates furnished by the Kerala PSC and in
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
making such recruitment the reservation principles
under Rule 14 to 17 of the Kerala State and
Subordinate Service Rules, 1958 shall be followed.
The appointment of Chief Executive of apex
societies shall be made by the Government after
fixing qualifications.
(3AA) Notwithstanding anything contained in this
Act or any other law, or judgment or order of any
court, all appointments already made on the advice
by the Kerala Public Service Commission following
the reservation principles under Rule 14 to 17 of
the Kerala State and Subordinate Service Rules,
1958 to the societies mentioned in the schedule for
which direct recruitment shall be resorted to shall
be deemed to have been validly done as if such
provisions were in force at that time.
(3B) All appointments made by direct recruitment
to the societies referred to in sub-section (3A) or on
after the 25th day of April, 1995 and before the date
of publication of the Kerala Co-operative Societies
(Amendment) Ordinance, 1995 (Ordinance No.10
of 1995) shall be invalid.
(4) Notwithstanding anything contained in sub-
section (1) or sub-section (2), ten per cent of the
posts of employees of every society shall be
reserved for appointment from persons belonging
to the scheduled castes and scheduled tribes
where the method of appointment to such posts is
by direct recruitment.
(5) Notwithstanding anything contained in sub-
section (1) or (2) four percent of the total posts of
employees of every society shall be reserved for
physically handicapped persons having disability of
forty percent or above, as certified by the medical
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
board and the procedure of appointment shall be
such as may be prescribed.
Provided that in societies where there are more
than ten and less than twenty five employees
including cadre and sanctioned posts, there shall
be reserved a minimum of one employee belonging
to physically handicapped persons.
(6) Government shall have power to fix or alter
the maximum and minimum limit of establishment
expenses of Co-operative Societies including the
pay and allowances and other benefits of
employees of Co-operative Societies.
Provided that societies run on net loss can give
pay and allowances to its employees below the
minimum limit fixed by the Government.
(7) Notwithstanding anything contained in the
bye-laws, a society shall not pay bonus to its
employees exceeding the amount and the rate
fixed by the Government or the Registrar from time
to time.
(8) Government shall, by order, frame uniform
Service Rules and Conduct Rules for the
employees of any or all classes of the co-operative
societies.
(9) Suspension and disciplinary action in relation
to an officer, employee or servant of a co-operative
society shall be such, as may be prescribed.
(10) The Government may, on mutually agreed
terms and on application of a society, depute a
Government servant to the service of the society
for the purpose of managing its affairs and the
Government servant so deputed shall exercise
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
such powers and perform such duties as may be
prescribed."
37. Sub-section (8) to Section 80 provides that
Government shall by order frame uniform service Rules and
Conduct Rules for the employees of any or all classes of Co-
operative Societies. Section 80 is independent of Section
109. It provides for framing Uniform Conduct and Service
Rules "by order". Section 80 does not insist that such Rules
framed by Government Orders be published in the Official
Gazette. The Government has issued orders impugned in
these writ petitions, including those providing for Recruitment
Committees for Milk Producers' Unions, in exercise of the
powers conferred under Section 80. As the Section does not
mandate publication in Official Gazette, the impugned orders
cannot be declared illegal on the ground of non-publication in
Official Gazette.
38. In fact, requirement of Gazette publication of
Rules/Orders passed under Section 80, came up for
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
consideration before a Division Bench of this Court in KPSC
v. P.K. Ramesan [2005 (4) KLT 466]. The Division Bench
held as follows:
On the other hand, Section 80(3) of the Kerala Co-
operative Societies Act provides that "the
Government shall, in consultation with the State Co-
operative Union, make rules either prospectively or
retrospectively regulating the qualification,
remuneration, allowances and other conditions of
service of the officers and servants of the different
classes of societies specified in sub-section (1)".
Sub-section (1) deals with classification of the
Societies. The power conferred on Government by
sub-section (3) of Section 80 as extracted above
does not oblige the Government to notify the Rules
so made in order to publish it in the official Gazette,
as required in terms of Section 109(1) of the Act.
The argument of the petitioners based on Section 109 is liable
to be rejected in the light of the Division Bench judgment also,
in KPSC (supra).
39. The petitioners argue that classification of
Societies as provided in Section 80 of the Kerala Co-operative
Societies Act and Rule 182 of the Kerala Co-operative
Societies Rules read together would show that a Society
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
classified should be included in Appendix III and all
appointments made by direct recruitment to such Societies
shall be made from a select list of candidates furnished by the
Kerala PSC. As long as the Regional Milk Producers' Unions
are not included in Appendix III, those Unions cannot be
treated differently. If the Unions are included in Appendix III,
then the recruitments can be only through Kerala PSC.
Therefore, constitution of Recruitment Committees for making
appointments to the Regional Milk Producers' Unions is illegal.
40. It may be seen that classification as
contemplated under Section 80 should be according to their
type and financial position and such classification is basically
intended to fix or alter the number and designation of the
officers and servants of the different classes of Societies. The
constitution of Recruitment Committees for making
appointments to the Regional Milk Producers' Unions is not
primarily intended for fixing or altering the number and
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
designation of the officers and servants of those Unions. It is
not a classification according to their type or financial position.
Therefore, the arguments of the petitioners are unsustainable.
41. The legislative competency of the State
Legislature in introducing Section 80BB in the Act, 1969 is not
under challenge. As far as the Thiruvananthapuram Regional
Milk Producers' Union Limited is concerned, there are 2219
members in the Union. In the General Body meeting held on
27.01.2018, 406 members participated, out of whom, 404
members supported the proposal to constitute Recruitment
Committee. The draft of the Recruitment and Promotion
Regulations which also contemplates constitution of
Recruitment Committee, emanated from the Apex Society.
This is evident from Ext.R3(f) minutes dated 21.10.2020 of the
Federation. The respective Regional Unions have amended
their bye-laws in order to form Recruitment Committees
proposed through the amendments. Therefore, it cannot be
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
said that the State Government is usurping the powers of the
Regional Milk Producers' Unions in the matter of recruitment.
The changes brought about are with the full support and co-
operation of the Regional Milk Producers Unions and the
Federation.
42. In the facts and circumstances of the case, I
do not find any reason to interfere with the action taken by the
respondents in forming Recruitment Committees and
proceeding with the selection process.
The writ petitions are therefore without any
merit and hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/02.02.2026
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
APPENDIX OF WP(C) NO. 2219 OF 2026
PETITIONERS' EXHIBITS:
Exhibit P1 A TRUE COPY OF THE GOVERNMENT ORDER
DATED 27.04.1979 ISSUED BY THE
AGRICULTURAL (ANIMAL HUSBANDRY
DEPARTMENT) IN NO. G.O.(P) NO.
183/79/AD
Exhibit P1(a) A TRUE COPY OF THE ORDER DATED
12.01.2024 PASSED BY THE HON'BLE
SUPREME COURT IN SLP(C) NO. 835/2024
Exhibit P2 A TRUE COPY OF GO(MS) NO. 1/2021/DD
ISSUED BY RESPONDENT NO.1 DATED
19.01.2021
Exhibit P3 A TRUE COPY OF ACT NO. 34/2021
PUBLISHED IN THE GAZETTE NOTIFICATION
DATED 14.11.2021 IN NO.
3110/LEG.H2/2021/LAW
Exhibit P4 A TRUE COPY OF THE NOTIFICATION DATED
11.03.2024 ISSUED BY RESPONDENT NO.3
IN NO. TRU/PER/35/2024 (A)
Exhibit P5 A TRUE COPY OF THE NOTIFICATION DATED
03.06.2024 ISSUED BY RESPONDENT NO.3
IN NO. TRU/PER/35/2024
Exhibit P6 A TRUE COPY OF THE ORDER DATED
11.06.2024 PASSED BY THIS HON'BLE
Exhibit P7 A TRUE COPY OF THE ORDER DATED
18.09.2025 PASSED BY THIS HON'BLE
Exhibit P8 A TRUE COPY OF THE ORDER DATED
05.06.2024 PASSED BY RESPONDENT NO.1
IN NO. G.O. (RT) NO. 73/2024/DD
Exhibit P9 A TRUE COPY OF THE NOTIFICATION DATED
25.05.2024 ISSUED BY RESPONDENT NO.1
IN NO. G.O. (P) NO. 4/2024 DD
Exhibit P10 A TRUE COPY OF THE ORDER DATED
07.07.2025 PASSED BY RESPONDENT NO.1
IN G.O. (RT) NO. 112/2025/DD
Exhibit P11 A TRUE COPY OF THE NOTIFICATION DATED
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
09.10.2025 ISSUED BY RESPONDENT NO.4
IN NO. TRU/PER/1/2025/2673
Exhibit P12 A TRUE COPY OF THE LIST OF BOARD OF
DIRECTORS AS UPLOADED IN THE WEBSITE
OF THE RESPONDENT NO.5
Exhibit P13 A TRUE COPY OF THE ORDER DATED
01.11.2025 ISSUED BY RESPONDENT NO.1
IN NO. G.O. (RT). NO. 144/2025/DD
Exhibit P14 A TRUE COPY OF THE DETAILED
NOTIFICATION DATED 03.11.2025 ISSUED
BY THE 3RD RESPONDENT UNION IN NO.
TRU/PER/1/2025-35-DETAILED
Exhibit P15 A TRUE COPY OF THE CIRCULAR DATED
07.11.2025 ISSUED BY 3RD RESPONDENT
UNION IN NO. TRU:PER:1::2025-26/2019
RESPONDENTS' EXHIBITS:
Exhibit R3(d) A TRUE COPY OF THE RESOLUTION PASSED
BY THE GENERAR BODY MEETING HELD ON
27.01.2022
Exhibit R3(e) A TRUE COPY OFTHE RELEVANT PAGES OFTHE
BYE-RAWS OFTHE 3RD RESPONDENT SOCIETY
Exhibit R3(a) A TRUE COPY OF THE MINUTES OF THE
MEETING DATED 10/10/2017
Exhibit R3(b) A TRUE COPY OF THE MINUTES OF MEETING
DATED 27/01/2018
Exhibit R3(c) THE ATTENDANCE PARTICULARS OFTHE
SPECIAL GENERAL BODY MEETING OFTHE 3D
RESPONDENT UNION HELD ON 27.01.2018
Exhibit R3(h) A TRUE COPY OF THE MINUTES OF THE
MEETING DATED 07.05.2024
Exhibt R3(f) A TRUE COPY OF THE RESOLUTION DATED
21.10.2020 OF THE KCCMF
Exhibit R3(g) A TRUE COPY OF THE MINUTES OF THE
MANAGING COMMIFTEE MEETING DATED
23.10.2020
Exhibit R3(i) A TRUE COPY OF THE ATTENDANCE LIST.
Exhibit R4(a) TRUE COPY OF THE RELEVANT PORTION OF
THE BYELAW OF THE 3RD RESPONDENT.
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
APPENDIX OF WP(C) NO. 2316 OF 2026
PETITIONERS' EXHIBITS:
Exhibit P1 A TRUE COPY OF THE GOVERNMENT ORDER
DATED 27.04.1979 ISSUED BY THE
AGRICULTURAL (ANIMAL HUSBANDRY
DEPARTMENT) IN NO. G.O.(P) NO.
183/79/AD
Exhibit P1(a) A TRUE COPY OF THE ORDER DATED
12.01.2024 PASSED BY THE HON'BLE
SUPREME COURT IN SLP(C) NO. 835/2024
Exhibit P2 A TRUE COPY OF GO(MS) NO. 1/2021/DD
ISSUED BY RESPONDENT NO.1 DATED
19.01.2021
Exhibit P3 A TRUE COPY OF ACT NO. 34/2021
PUBLISHED IN THE GAZETTE NOTIFICATION
DATED 14.11.2021 IN NO.
3110/LEG.H2/2021/LAW
Exhibit P4 A TRUE COPY OF THE NOTIFICATION DATED
11.03.2024 ISSUED BY RESPONDENT NO.3
IN NO. TRU/PER/35/2024 (A)
Exhibit P5 A TRUE COPY OF THE NOTIFICATION DATED
10.05.2024 ISSUED BY RESPONDENT NO.3
IN NO. TRU/PER/35/2024
Exhibit P6 A TRUE COPY OF THE ORDER DATED
11.06.2024 PASSED BY THIS HON'BLE
Exhibit P7 A TRUE COPY OF THE ORDER DATED
18.09.2025 PASSED BY THIS HON'BLE
Exhibit P8 A TRUE COPY OF THE ORDER DATED
05.06.2024 PASSED BY RESPONDENT NO.1
IN NO. G.O. (RT) NO. 73/2024/DD
Exhibit P9 A TRUE COPY OF THE NOTIFICATION DATED
25.05.2024 ISSUED BY RESPONDENT NO.1
IN NO. G.O. (P) NO. 4/2024 DD
Exhibit P10 A TRUE COPY OF THE ORDER DATED
07.07.2025 PASSED BY RESPONDENT NO.1
IN G.O. (RT) NO. 112/2025/DD
2026:KER:8402
W.P.(C) Nos.2219 & 2316 of 2026
Exhibit P11 A TRUE COPY OF THE NOTIFICATION DATED
09.10.2025 ISSUED BY RESPONDENT NO.4
IN NO. TRU/PER/1/2025/2673 AS
PUBLISHED IN MATHRUBUMI DAILY
NEWSPAPER ON 09.10.2025
Exhibit P12 A TRUE COPY OF THE RELEVANT PAGES OF
LIST OF BOARD OF DIRECTORS AS UPLOADED
IN THE WEBSITE OF THE RESPONDENT NO.5
Exhibit P13 A TRUE COPY OF THE ORDER DATED
01.11.2025 ISSUED BY RESPONDENT NO.1
IN NO. G.O. (RT). NO. 144/2025/DD
Exhibit P14 A TRUE COPY OF THE DETAILED
NOTIFICATION DATED 03.11.2025 ISSUED
BY THE 3RD RESPONDENT UNION IN NO.
TRU/PER/1/2025-35-DETAILED
Exhibit P15 A TRUE COPY OF THE CIRCULAR DATED
07.11.2025 ISSUED BY 3RD RESPONDENT
UNION IN NO. TRU:PER:1::2025-26/2019
Exhibit P16 A TRUE COPY OF THE APPLICATION
SUBMITTED BY PETITIONER NO.4 ALONG
WITH THE COPY OF THE DEMAND DRAFT
DATED 16.03.2015.
