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Kerala High Court
Mattanchery Sarvajanik Cooperative ... vs State Of Kerala on 8 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:744
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947
WP(C) NO. 2836 OF 2025
PETITIONER:
MATTANCHERY SARVAJANIK COOPERATIVE BANK LTD NO. 3284
REPRESENTED BY ITS GENERAL MANAGER (IN CHARGE)
MATTANCHERY, KOCHI, PIN - 682002
BY ADVS.
SRI.MANU GOVIND
SHRI.A.JAYASANKAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
COOPERATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 COOPERATIVE SERVICE EXAMINATION BOARD
REPRESENTED BY ITS SECRETARY KERALA BANK BUILDING,
THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001
3 KERALA COOPERATIVE ARBITRATION COURT
PAZHAVANGADI. THIRUVANANTHAPURAM, PIN - 695024
4 KERALA COOEPRATIVE EMPLOYEES UNION (CITU)
REG NO.431/75, REPRESENTED BY ITS SECRETARY,
SAJITH MV. MATTANCHERY SARVAJANIK CO-OPERATIVE BANK
UNIT, MATTANCHERY, KOCHI, PIN - 682002
5 SAJITH MV
SENIOR CLERK,
MATTANCHERY SARVAJANIK CO-OPERATIVE BANK,
MATTANCHERY, KOCHI, PIN - 682002
2026:KER:744
W.P.(C) Nos.2836 & 28949 of 2025
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BY ADV
SMT.S.L.SYLAJA
SMT. SONY K.B. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.12.2025, ALONG WITH WP(C).28949/2025, THE
COURT ON 08.01.2026 DELIVERED THE FOLLOWING:
2026:KER:744
W.P.(C) Nos.2836 & 28949 of 2025
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947
WP(C) NO. 28949 OF 2025
PETITIONER:
MATTANCHERY SARVAJANIK COOPERATIVE BANK LTD
NO. 3284
REPRESENTED BY ITS GENERAL MANAGER (IN CHARGE)
MATTANCHERY, KOCHI, PIN - 682002
BY ADVS.
SRI.MANU GOVIND
SHRI.A.JAYASANKAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
COOPERATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 COOPERATIVE SERVICE EXAMINATION BOARD
REPRESENTED BY ITS SECRETARY KERALA BANK
BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001
3 KERALA COOPERATIVE ARBITRATION COURT
REPRESENTED BY ITS PRESIDING OFFICER
PAZHAVANGADI,
THIRUVANANTHAPURAM, PIN - 695024
4 KERALA COOPERATIVE EMPLOYEES UNION (CITU)
REPRESENTED BY ITS SECRETARY,
SAJITH MV. REG NO.431/75,
2026:KER:744
W.P.(C) Nos.2836 & 28949 of 2025
:4:
MATTANCHERY SARVAJANIK CO-OPERATIVE BANK UNIT,
MATTANCHERY, KOCHI, PIN - 682002
5 SAJITH MV
SENIOR CLERK,
MATTANCHERY SARVAJANIK CO-OPERATIVE BANK,
MATTANCHERY, KOCHI, PIN - 682002
6 ANJANA M S
MANGAKUZHI HOUSE, KUZHUR P.O.,
THRISSUR, PIN - 680734
BY ADV
SMT.S.L.SYLAJA
SMT. SONY K.B., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.12.2025, ALONG WITH WP(C).2836/2025, THE COURT ON
08.01.2026 DELIVERED THE FOLLOWING:
2026:KER:744
W.P.(C) Nos.2836 & 28949 of 2025
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N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.2836 and 28949 of 2025
`````````````````````````````````````````````````````````````
Dated this the 8th day of January, 2026
JUDGMENT
~~~~~~~~~
Both these writ petitions are filed by a
Co-operative Bank functioning in Mattanchery, Kochi. In W.P.
(C) No.2836/2025, the petitioner states that they advertised a
vacancy of Deputy General Manager through the 2nd
respondent-Co-operative Service Examination Board. Written
test and interview were held. Rank list was published on
22.05.2023.
2. Based on the rank list, the 2nd respondent
issued advise to the first rank holder on 09.06.2023. While so,
the 5th respondent, a Senior Clerk working in the Bank, along
with the 4th respondent-Union filed W.P.(C) No.19250/2023
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W.P.(C) Nos.2836 & 28949 of 2025
against direct recruitment to the post of Deputy General
Manager. The writ petition was dismissed. In W.A.
No.1163/2023, this Court permitted respondents 4 and 5 to
approach the Arbitration Court and granted six weeks time.
Status quo was ordered till then. The time limit was extended to
18.10.2023, later. Respondents 4 and 5 filed ARC No.39/2023.
3. The time prescribed in the writ appeal was over
by 18.10.2023 and the Arbitration Court has not granted any
interim or final order in favour of respondents 4 and 5.
Therefore, the petitioner seeks to direct the 2nd respondent-
Board to issue advise memo to the selected candidates from
Ext.P1 rank list, for the post of Deputy General Manager.
4. In W.P.(C) No.28949/2025, the petitioner states
that the Government amended the Kerala Co-operative
Societies Act and the Rules framed thereunder with effect from
07.06.2024 whereby the Presiding Officer, who held the post of
Arbitrator, became ineligible to continue in the post. The
functioning of the Arbitrator had come to a stand still. Ext.P1
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W.P.(C) Nos.2836 & 28949 of 2025
rank list was due to expire on 21.05.2025.
5. A new Presiding Officer was appointed in the
Arbitration Court, who joined duty on 09.04.2025, and the stay
petition in the arbitration case was dismissed on 10.07.2025. In
spite of the said development, the 2nd respondent has not issued
advise memo to the 6th respondent presumably because Ext.P1
rank list expired by 21.05.2025. Rank Nos.1 and 2 in the list
have relinquished their claim. The 6th respondent is at Rank
No.3. The petitioner-Bank therefore seeks to issue a mandamus
to the 2nd respondent to issue advise memo to the 6th respondent
from Ext.P1 rank list for the post of Deputy General Manager.
6. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing the
State of Kerala. I have also heard the learned Standing Counsel
appearing for the Co-operative Service Examination Board.
7. The petitioner-Bank notified vacancy of Deputy
General manager through the 2nd respondent- Co-operative
Service Examination Board on 29.09.2023. Written test and
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W.P.(C) Nos.2836 & 28949 of 2025
interview were conducted. A rank list was published on
22.05.2023. In the meanwhile, the 5th respondent filed
arbitration case ARC No.39/2023.
8. The Arbitration Court did not pass any interim
order in favour of the 5th respondent. However, the 2nd
respondent-Board did not advise any candidate from the rank
list, in view of the pendency of the interim stay application before
the Arbitration Court. Finally, the Arbitration Court rejected the
interim stay application filed by the 5th respondent on
10.07.2025, as per Ext.P9 order marked in W.P.(C)
No.28949/2025.
9. As the selection proceedings were initiated in
September, 2023, the proceedings should be brought to its
conclusion by advising eligible candidates from the rank list. In
view of the rejection of IA for stay in ARC No.39/2023, there is
no legal bar for the 2nd respondent-Board to issue advise memo.
10. It is true that the rank list has expired by
21.05.2025. The advise could not be made due to the pendency
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W.P.(C) Nos.2836 & 28949 of 2025
of various writ petitions / writ appeal before this Court and due to
the pendency of stay petition in the ARC. Now that there is no
such bar in issuing advise memo, the 2nd respondent shall take
necessary steps to issue advise memo. The expiry of the period
of rank list need not be a reason for not issuing advise memo
since the delay in issuing advise memo was due to pending
legal proceedings.
In the afore facts of the case, the writ petitions
are disposed of directing the 2nd respondent-Co-operative
Service Examination Board to issue advise memo for
appointment to the post of Deputy General Manager in the
petitioner-Bank, to the next eligible candidate in the rank list.
Advise memo has to be issued within a period of two weeks.
Sd/-
N. NAGARESH, JUDGE
aks/05.01.2026
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W.P.(C) Nos.2836 & 28949 of 2025
APPENDIX OF WP(C) NO. 2836 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RANKLIST DATED
22.05.2023
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
24.07.2023 IN WA NO.1163/2023 ON THIS
HONOURABLE COURT
Exhibit P3 TRUE COPY OF THE ORDER DATED 25.09.2023
IN IA NO.1 OF 2023 IN WA NO.1163/2023 ON
THIS HONOURABLE COURT
Exhibit P4 TRUE COPY OF THE PLAINT OF ARBITRATION
CASE (ARC NO.39/2023) DATED 03.08.2023
Exhibit P5 TRUE COPY OF THE STAY PETITION FILED IN
ARC NO.39/2023 BEFORE THE ARBITRATION
COURT
Exhibit P6 TRUE COPY OF THE OBJECTION DATED FILED
BY THE PETITIONER BANK BEFORE THE THIRD
RESPONDENT
Exhibit P7 TRUE COPY OF THE LETTER DATED 04.11.2023
PREFERRED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
2026:KER:744
W.P.(C) Nos.2836 & 28949 of 2025
APPENDIX OF WP(C) NO. 28949 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RANKLIST DATED
22.05.2023
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
24.07.2023 IN WA 1163/2023 OF THIS
HONOURABLE COURT
Exhibit P3 TRUE COPY OF THE ORDER IN IA NO.1 OF
Exhibit P4 TRUE COPY OF THE PLAINT OF ARBITRATION
REFERENCE CASE DATED 03.08.2023
Exhibit P5 TRUE COPY OF THE STAY PETITION IN ARC
Exhibit P6 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER BANK BEFORE THE THIRD
RESPONDENT DATED 18.10.2023
Exhibit P7 TRUE COPY OF THE LETTER DATED 04.11.2023
PREFERRED BY THE PETITIONER
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED
24.01.2025 IN WPC NO. 2836/2025
Exhibit P9 TRUE COPY OF THE ORDER DATED 10.07.2025
Exhibit P10 TRUE COPY OF THE INFORMATION GATHERED BY
THE PRESIDENT OF THE PETITIONER BANK
UNDER THE PROVISIONS OF RIGHT TO
INFORMATION ACT ON 29.07.2025
