IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 318 of 2010(L) -------------------------------------- PETITIONER(S): ------------------------- RAJALAKSHMY K., SECRETARY, SCHEDULED CASTE ARTISANS INDUSTRIAL CO-OPERATIVE SOCIETY NO.S.IND.P.129, RESIDING AT KURUPPATH HOUSE, MUNDOOR POST, PALAKKAD DISTRICT-678 592. BY ADVS. SRI.N.NAGARESH, SRI.BINU PAUL, SRI.T.V.VINU. RESPONDENT(S): ---------------------------- 1. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PALAKKAD. 2. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD.NO.P.521, REPRESENTED BY ITS GENERAL MANAGER, P.B.NO.21, HPO ROAD, SULTHANPET, PALAKKAD-678 001. *ADDL.R3 & R4 IMPLEADED: R3. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANANTHAPURAM. R4. SCHEDULED CASTE ARTISANS INDUSTRIAL CO-OPERATIVE SOCIETY LTD.NO.S.IND (P) 129, REPRESENTED BY ITS SECRETARY, KODUMBU P.O., PALAKKAD- 678 551. (*ADDL.R3 & R4 ARE IMPLEADED AS PER ORDER DTD. 19/01/2010 IN I.A.NO.521/2010) R1 BY ADV. SRI. ALEXANDER THOMAS, SC, KPSC R2 BY ADV. SRI.M.P.ASHOK KUMAR R3 BY GOVERNMENT PLEADER SMT. N.SUDHADEVI R4 BY ADV. SRI.A.R.GANGADAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.318/2010 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT DTD. 7/07/2004 ISSUED BY THE 2ND RESPONDENT BANK TOWARDS FEE FOR APPLICATION FOR AFFILIATION. P2: COPY OF THE NOTIFICATION FOR CATEGORY NO.21/2006 PUBLISHED BY THE 1ST RESPONDENT DTD. 25/04/2006. P3: COPY OF THE CERTIFICATE DTD. 17/12/2009 IN PROOF OF SUBMISSION OF APPLICATION. P4: COPY OF THE LETTER NO.A&B/2009-10 DTD. 18/12/2009 OF THE 2ND RESPONDENT. P5: COPY OF THE ORDER NO.PIII-2877/09 DTD. 31/12/2009 OF THE 1ST RESPONDENT. P6: EXTRACT OF THE BYE-LAW OF THE SCAICO. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE LETTER DTD. 6/07/2006 SUBMITTED BEFORE THE DIST.CO-OP.BANK. R2(B): COPY OF THE REPORT SUBMITTED BY THE BANK INSPECTOR DTD. 24/12/2008. R2(C): COPY OF THE LETTER DTD. 25/06/2009 SUBMITTED BY THE DIST. CO-OP.BANK TO THE SCAICO. R2(D): COPY OF THE LETTER ISSUED BY THE GENERAL MANAGER, DIC, PALAKKAD AND CERTIFICATE OF REGISTRATION OF AMENDMENT OF BYELAW DTD. 24/06/2009. R2(E): COPY OF THE AMENDED BYE-LAW. R2(F): COPY OF THE ORDER ISSUED BY THE BANK DTD. 18/12/2009. R2(G): COPY OF THE ORDER NO.AB/2009-10 DTD. 25/05/2009. R4(A): COPY OF THE PROCEEDINGS NO.V3/7554/56 OF THE GENERAL MANAGER, DIC, PALAKKAD DTD.11/03/1998. R4(B): COPY OF THE ORDER NO.V3/7554/96 OF THE GENERAL MANAGER, DIC PALAKKAD DTD. 21/01/99. Kss ..2/- ...2.... WPC.NO.318/2010 L R4(C): COPY OF THE ORDER NO.V3/7554/96 OF THE GENERAL MANAGER, DIC, PALAKKAD DTD. 02/02/99. R4(D): COPY OF THE PROCEEDINGS NO.V1/7554/96 OF THE GENERAL MANAGER, DIC, PALAKKAD DTD. 21/06/2000. R4(E): COPY OF THE ORDER OF THE GENERAL MANAGER, DIC, APPOINTING ADMINISTRATOR DTD. 03/03/01. R4(F): COPY OF THE LETTER OF THE GENERAL MANAGER DTD. 11/12/2001. R4(G): COPY OF THE PROCEEDINGS NO.VI/5356/03 OF THE GENERAL MANAGER, DIC DTD. 15/11/03. R4(H): COPIES OF THE AUDIT CERTIFICATES IN RESPECT OF SCAICO FOR THE YEARS FROM 2000-01 TO 2006-07 ISSUED BY THE ASSISTANT REGISTRAR (AUDIT) OF CO-OPERATIVE SOCIETIES, PALAKKAD. R4(I): EXTRACT OF THE DECISION NO.5 DTD. 21/06/2004 OF THE MANAGING COMMITTEE. R4(J): EXTRACT OF THE BYE-LAWS OF THE SCAICO. /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.318/2010-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of September, 2010 J U D G M E N T The petitioner is aggrieved by Ext.P5 communication issued by the Public Service Commission rejecting the application for appointment made by the petitioner, on the ground that the fourth respondent Co-operative Society in which the petitioner is employed has been affiliated to the District Co-operative Bank only on 16/12/2009. 2. As per the requirements of the notification issued by the P.S.C. dated 25/04/2006, the petitioner is having the qualification of B.Com (Costing) and HDC. She is claiming appointment in the second respondent-District Co- operative Bank in the light of Rule 187 of the Kerala Co- operative Service Rules, 1969. The dispute raised herein is evidently with regard to the question whether the fourth respondent-Society had affiliation for enabling the P.S.C to treat the application of the petitioner as valid as on the date of the application. The petitioner had participated in the selection process and was included in the probable list and on the date of verification of the documents, the petitioner had produced Ext.P4. Since, it is only dated 18/12/2009, the P.S.C rejected the W.P.(C). No.318/2010 -:2:- application. The petitioner's case is that the fourth respondent-Society had decided to seek affiliation to the Palakkad District Co-operative Bank in July, 2004 and submitted application paying the prescribed fees on 07/07/2004 and Ext.P1 receipt has been produced in support of those pleas. It is pointed out that the second respondent did not take any decision on the application for the next 60 days and the fourth respondent-Society is deemed to have received affiliation from 07/09/2004 in view of Section 8A of the Kerala Co-operative Societies Act, 1969. 3. It is in these circumstances, the petitioner has sought to quash Ext.P5 itself. 4. The second respondent-Bank has filed a detailed counter affidavit. The fourth respondent-Society has filed a detailed counter affidavit supporting the stand taken by the petitioner. The second respondent-Bank's stand appears to be that the application was not allowed initially as the fourth respondent-Society was defunct according to it. It is further pointed out that the amendment of the bye-law enabling the Society to get affiliation was later produced and, thereafter, after complying with all the formalities, Ext.P4 was issued. 5. The allegation that the fourth respondent-Society was defunct is strongly refuted by the petitioner as well W.P.(C). No.318/2010 -:3:- as by the fourth respondent-Society and, the Society in its counter affidavit has produced various documents to show that the Society was functioning throughout and it was not defunct also. 6. Here, we are only concerned with one question, whether there will be deemed affiliation in the light of Section 8A of the Kerala Co-operative Societies Act, 1969. The learned counsel for the second respondent-Bank submitted that as the petitioner has not sought for such a declaration in this writ petition, no such relief can be granted by this Court. The learned counsel for the petitioner submitted that the relief sought for in the writ petition is sufficient as all the points are made out in grounds of the writ petition. Evidently, the P.S.C rejected the application in the light of the fact that Ext.P4 is dated 18/12/2009. The question whether the Society will be deemed to have been affiliated in view of Section 8A of the Kerala Co-operative Societies Act, 1969 has therefore to be considered by the Department itself and, the Registrar of the Co-operative Societies has been impleaded as additional respondent No.3 in this writ petition. As per interim order dated 06/01/2010, the respondents have been directed to keep one post of clerk/cashier in the second respondent-Bank vacant until further orders. Therefore, the same will protect the right W.P.(C). No.318/2010 -:4:- of the petitioner, if the petitioner is entitled to be appointed. 7. The learned Standing Counsel for the P.S.C submitted that a ranked list has already been published and appointments are being made. In view of the urgency of this situation, the petitioner will file appropriate representation before the third respondent within a period of two weeks along with a copy of this Judgment. 8. Therefore, if the petitioner files appropriate representation within two weeks from today along with a copy of this Judgment, the same will be considered by the third respondent-Registrar with notice to the second and fourth respondents, and appropriate orders will be passed within a further period of one month. To enable the Registrar to decide the said issue, Ext.P5 will be kept in abeyance. Depending upon the orders to be passed by the Registrar, the petitioner will be free to move the P.S.C for appropriate modifications. The interim order dated 06/01/2010 to keep one post vacant will continue till such orders are passed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms W.P.(C). No.318/2010 -:5:- W.P.(C)No. 17929/2008 Regulation 27A(4)(i) of the Kerala Electricity Supply Code, 2005: “In case of prejudicial use of power supply, the Licensee should draw mahazar at the time of inspection when such prejudicial use is detected. The mahazar shall be drawn in the presence of the Consumer or his representative along with two other witnesses who shall sign the mahazar report. One copy of such report shall be handed over under acknowledgment of the Consumer or his representative.”