IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 9819 of 2011(B) ------------------------- PETITIONER(S): --------------- 1. POONTHANAM M.G., M.G.P.SADHANAM, KIZHUVILAM P.O., ATTINGAL, THIRUVANANTHAPURAM-695 014. 2. SIBI A., S/O. ABDUL KAREEM, MAYYENTTEVILA VEEDU, MUDAPURAM P.O., CHIRAYINKEEZH, THIRUVANANTHAPURAM-695 314. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, CHIRAYINKEEZH, ATTINGAL, THIRUVANANTHAPURAM-695 101. 2. THE STATE CO-OPERATIVE UNION, REPRESENTED BY ITS SECRETARY/ADDITIONAL REGISTRAR, RAJADHANI BUILDING, EAST FORT, THIRUVANANTHAPURAM-695 001. 3. THE KIZHUVILAM SERVICE CO-OPERATIVE BANK LTD.NO.2405, REPRESENTED BY ITS SECRETARY, MUDAPURAM P.O., CHIRAYINKEEZH, THIRUVANANTHAPURAM-695 314. ADDL.4. THULASI BHAI, BILL COLLECTOR, PERUNKUZHI SERVICE CO-OPERATIVE BANK, PERUNKUZHI P.O., THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.ABDUL SALAM FOR R1 BY ADV. SRI.C.P.MOHAMMED NIAS, SC FOR R2 BY ADV. SRI.P.N.MOHANAN, COUNSEL FOR ADDL. R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.9819OF 2011 EXT.P1 COPY OF THE G.O.(RT) NO.370/2010/CO-OP DATED 26.5.2010. EXT.P2 COPY OF THE RESOLUTION NO.3 OF THE 3RD RESPONDENT. EXT.P3 COPY OF THE APPLICATION FORM OF THE 1ST PETITIONER. EXT.P4 COPY OF THE APPLICATION FORM OF THE 2ND PETITIONER. EXT.P5 COPY OF THE BROCHURE REGARDING ADMISSION PUBLISHED BY THE SECOND RESPONDENT EXT.P6 COPY OF THE ORDER DATED 16.3.2011 OF THE FIRST RESPONDENT. RESPONDENT'S EXTS: EXT.R4(a) & (b) A TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT REGISTRAR IN EXTS.P3 AND P4. EXT.R4(c) A TRUE COPY OF THE CIRCULAR NO.10/05 DATED 13.4.05. EXT.R4(d) A TRUE COPY OF THE ORDER OF THE JOINT REGISTRAR. EXT.R4(e) A TRUE COPY OF THE PROVISIONAL LIST. EXT.R4(f) A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE STATE CO-OPERATIVE UNION. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.9819 of 2011 ------------------------------- Dated this the 23rd day of June, 2011 J U D G M E N T The petitioners who are employees of the third respondent society have filed this writ petition mainly challenging Ext.P6 letter dated 16.3.2011 sent by the Assistant Registrar of Co-operative Societies (General), Chirayinkeezh to the Secretary of the third respondent society informing him that the petitioners cannot be given a certificate in Form-3 for the purpose of admission to the Junior Diploma Course conducted by the State Co-operative Union. The only reason stated therein is that in view of paragraph 4 of Ext.R4(c) circular dated 13.4.2005 issued by the Registrar of Co-operative Societies, the petitioners who are working as Bill Collectors in the third respondent society and whose services were regularised in terms of the said circular cannot be promoted to higher posts and are not treated as employees of the society and therefore the certificate applied for cannot be granted. 2. When the writ petition came up for admission on 30.3.2011, while admitting the writ petition, I passed an interim order directing the Assistant Registrar of Co-operative Societies to issue certificates in Form-III on the petitioners producing the original of W.P.(C) No.9819 of 2011 2 Exts.P3 and P4 and also directed the second respondent, the State Co-operative Union to entertain the applications in relaxation of the time limit for submission of the applications and to process the same. Today, when the writ petition was taken up for hearing, Sri.V.G.Arun, learned counsel appearing for the petitioners submitted that the petitioners have been given admission for the Junior Diploma Course and are undergoing the course. Sri.P.N.Mohanan, learned counsel appearing for the additional fourth respondent submitted that the additional fourth respondent has secured admission for the course and at present, she has no grievance. In such circumstances, as there is no restriction what so ever on the petitioners undergoing the Junior Diploma Course conducted by the State Co-operative Union in Ext.R4 (c) circular or in any provision of the Kerala Co-operative Societies Act and the rules framed thereunder, I am of the opinion that the petitioners are entitled to have their admissions regularised and treated as one in order. I accordingly dispose of the writ petition with the direction that the admission given to the petitioners pursuant to the interim order passed in this writ petition on 30.3.2011 shall be treated as W.P.(C) No.9819 of 2011 3 regular for all purposes. Needless to say, the mere fact that the petitioners were permitted to undergo the course will not entitle them to seek promotion to higher posts, if it is not otherwise permissible in law. P.N. RAVINDRAN, JUDGE. nj.