IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 14072 of 2007(A) ----------------------------------------- PETITIONER: -------------------- NEENA. K.K., W/O.K.K.RAMACHANDRAN, KURUPPATHUKATTIL HOUSE, KOTTANALLOOR, THRISSUR. BY ADV. SRI.P.N.MOHANAN RESPONDENTS: ------------------------- 1. KODAKARA FARMERS SERVICE CO-OP.BANK LTD.NO.761, KODAKARA P.O., THRISSUR REP.BY MANAGING DIRECTOR/PRESIDENT. 2. JOINT REGISTRAR OF CO-OP.SOCIETIES, THRISSUR. 3. GOVERNMENT OF KERALA, REP. BY ITS SECRETARY, CO-OPERATION (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.V.G.ARUN - R1 SRI.T.R.HARIKUMAR - R1 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN – R2&R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14072/2007 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DTD. 6/01/06 IN WP(C) NO. 31511/05 BEFORE THIS HON'BLE COURT. EXT.P2: COPY OF THE ORDER DTD. 1/04/06 OF THE JOINT REGISTRAR. EXT.P3: COPY OF THE JUDGMENT DTD. 8/11/06 IN WP(C) NO. 14061/06 BEFORE THIS HON'BLE COURT. EXT.P4: COPY OF THE ORDER DTD. 23/02/07 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.14072 OF 2007(A) ---------------------------------------------------------------- Dated this the 25th day of June, 2008 J U D G M E N T Heard the learned counsel for the parties. Petitioner was ranked 6th in the list prepared by the Co- operative Service Examination Board for recruitment as Junior Clerk in the first respondent bank. During the existence of that list, a few vacancy arose and certain temporary appointments were made. The Joint Registrar issued Ext.P2 directing that the petitioner shall be appointed since she was qualified, selected and waiting in a list prepared by the competent statutory authority and was therefore, entitled to appointment in preference to anybody else. The Government have set aside the decision as per the impugned order. I find no legal foundation or any sustainable reason for the Government order. The attempt of the Joint Registrar was to ensure that purity sustains in the selection and appointment to the service of the first respondent co- W.P.(C) No.14072/07 - 2 - operative bank. That has been unnecessarily interfered with as per the impugned decision. That is totally arbitrary and unreasonable. The same is accordingly set aside and Ext.P2 is restored. It is directed that Ext.P2 decision shall be given effect within two weeks. This writ petition is allowed as above. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/26/6/08