IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 22648 of 2008(U) ------------------------------------ PETITIONER(S): ---------------------- K.S.SASIKUMAR, RESIDING AT PRASANTH KARICHAL, PULLUVILA, TRIVANDRUM, (SECRETARY, KANJIRAMKULAM SERVICE CO-OPERATIVE BANK, KANJIRAMKULAM, TRIVANDRUM). BY ADV. MR.V.G.ARUN MR.T.R.HARIKUMAR RESPONDENT(S): ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) TRIVANDRUM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, TRIVANDRUM. 3. KANJIRAMKULAM SERVICE CO-OPERATIVE BANK, KANJIRAMKULAM P.O., TRIVANDRUM REPRESENTED BY ITS PRESIDENT. R1 & R2 BY GOVT.PLEADER MR.I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22648/2008(U) APPENDIX PETITIONER'S EXHIBITS P1: True copy of the Resolution No.11/2003 dated 10-5-2003. P2: True copy of the Resolution No.11/2003- 2004(11A) dated 10-5-2003. P3: True copy of the Order No.CRP.(1) 9240/06/K.Dis. dated 8-8-2007. P4: True copy of Order No.G.O.(Rt) No.348/ 08/Co-op. dated 29-5-2008. /True copy/ P.A.Judge dkr ANTONY DOMINIC,J. --------------------- W.P.(C).No.22648 OF 2008 ------------------------ Dated this the 21st day of May, 2009. JUDGMENT Petitioner is the present Secretary of the 3rd respondent Bank, who was promoted by resolution dated 10.5.2003, exempting him from acquiring the qualification prescribed therein. Ext.P1 resolution in this behalf was forwarded to the Joint Registrar by Ext.P2 and the Joint Registrar by Ext.P3, directed that it shall be resubmitted on the petitioner completing 5 years of service in the feeder category. Ext.P3 was challenged before the Government and the Government by Ext.P4, allowed exemption, but however made it effective from the date of Ext.P4, namely 29.5.2008. It is challenging Ext.P4 to the extent the benefit of exemption is conferred only prospective effect, this writ petition is filed. 2 2. I heard the counsel appearing for the petitioner and also the Government Pleader appearing for the respondent. As rightly pointed out by the counsel for the petitioner his case is fully covered in his favour by a judgment of this court in Dasan V. Registrar of Co-operative Societies(2007(1) KLT 581), where, taking note of the provisions contained in Rule 185(8) (unamended) this court has held that the resolution granting exemption passed by the Bank will be effective from the date of resolution itself. Applying the law as laid down by this court the petitioner is entitled to succeed. Accordingly, the writ petition is disposed of quashing Exts.P3 and P4 in so far as it rejects the claim of the petitioner for taking the exemption from the date of Ext.P1 and declare that the petitioner is entitled to be exempted from the educational qualification with effect from 10.5.2003. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ 3