IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 15342 of 2008(B) ------------------------------------ PETITIONER(S): --------------------- T.S.SAJEEVAN ,S/O.SIVAN VICE PRESIDENT, BOARD OF DIRECTORS (UNDER ORDERS OF SUPERCESION) THE THRISSUR TALUK CO-OPERATIVE COLLEGE EDUCATIONAL SOCIETY LIMITED NO.R-728, KALLINGAL LANE, THRISSUR. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.ANIL SIVARAMAN RESPONDENT(S): ----------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIEITIES (GENERAL) THRISSUR. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIEITIES (GENERAL) THRISSUR. 3. THE THRISSUR TALUK CO-OPERATIVE COLLEGE EDUCATIONAL SOCIETY NO.R-728, KALLINGAL LANE, THRISSUR REPRESENTED BY ITS SECRETARY. *4. C.S. INDIRA, HARISREE, KUTOOR P.O., THRISSUR-13, (MEMBER NO. 76, THE THRISSUR TALUK CO-OP COLLEGE EDUCATIONAL SOCIETY LTD. NO. R. 728) *ADDL. R4 IS IMPLEADED AS PER ORDER DATED 23/05/2008 IN WPC 15342/2008. ADV. SRI.P.C.SASIDHARAN FOR ADDL.R4 SRI.C.E.UNNIKRISHNAN SRI.M.SASINDRAN FOR R3 GOVERNMENT PLEADER SRI. I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON 04/02/2009 DELIVERED THE FOLLOWING: WP(C) NO. 15342/2008 B APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE NOTICE DT. 2/1/2008 SERVED ON THE PETITIONER. EXT.P2. COPY OF THE EXPLANATION DT. 19/1/2008 BY THE PETITIONER. EXT.P3. COPY OF THE PROCEEDINGS OF THE R1 DT. 12/5/2008. EXT.P4. COPY OF THE FEEDER CATEGORY SUB RULES FRAMED BY THE BOARD OF DIRECTORS OF THE SOCIETY VIDE RESOLUTION NO. 8 DT. 16/6/04. EXT.P5. COPY OF THE STFF PATTERN APPROVED BY THE R1 BY THE PROCEEDINGS DT. 17/6/2005. EXT.P6. COPY OF THE IDENTTY CARD ISSUED BY THE SOCIETY TO THE NIECE OF THE PETITIONER. RESPONDENTS' EXHIBITS : EXT.R3A. COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DT. 1/11/2003 BY THE SECRETARY OF THE SOCIETY. EXT.R3B. COPY OF THE RESOLUTION DT. 13/12/2003. EXT.R3C. COPY OF THE MINUTES OF THE MEETING HELD ON 22/4/2004. EXT.R4A. COPY OF THE MINUTES OF THE SOCEITY. EXT.R4B. COPY OF THE RELEVANT EXTRACT OF THE ATTENDANCE REGISTER. / TRUE COPY / tga THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.15342 of 2008-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of February, 2009. JUDGMENT 1.Petitioner, then a member of the committee and the Vice President of the third respondent society, stands disqualified as per Ext.P3 order issued by the first respondent on the ground that his niece was working as a teacher in a school run by the third respondent. 2.According to the petitioner, the third respondent manages two educational institutions, a Co- operative Arts and Science College and a Co- operative Public School. Petitioner is also a Lecturer in the college. 3.The allegation against the petitioner is that his sister's daughter Niji worked in the co-operative WP(C)15342/2008 -: 2 :- school of the third respondent and such employment of Niji results in infraction of the prohibition contained in Rule 44(1)(b) of the Kerala Co-operative Societies Rules, 1969 as regards the election of the petitioner as a member of the committee of the third respondent. 4.Rule 44(1)(b) states that no member of the society shall be eligible for being elected, or appointed as a member of the committee of the society under Section 28 of the Act if he is a near relative of a paid employee of the society. The petitioner does not dispute that he is the maternal uncle of Niji. Maternal uncle is a near relation for the purpose of Rule 44(1)(b) by virtue of the Explanation occurring at the foot of Rule 44. Therefore, the question is whether the petitioner's neice Niji falls within the term “paid employee of the society”. The plea of the petitioner, who was elected to the committee on 11-7-2004, is that though Niji had worked in the school for two years from 2004, thereafter she WP(C)15342/2008 -: 3 :- was on leave and that Niji was only a teacher in the co-operative school run by the society and hence is not a paid employee of the society. 5.The third respondent has filed counter affidavit placing therewith Exts.R3(b) and R3(c) to show that appointments are made to the school on the basis of decisions of the committee of the society and that even Niji was appointed following Ext.R3(b) resolution taken in the meeting in which the petitioner had also participated as a member of the committee. Ext.R3 (a) is the advertisement whereby the Secretary of the third respondent society had invited applications for appointment of trained teachers for kindergarten and primary classes in the school along with the commencement of registration for admission for LKG, UKG and Standard 1 for the academic year 2004-05. 6.With the aforesaid materials on record, the learned senior counsel appearing for the WP(C)15342/2008 -: 4 :- petitioner argued that the approved bye-laws of the society are in terms of the Kerala Co- operative Societies Act and the Rules and Clause 18 of those bye-laws authorizes only the employment of such staff as is necessary for carrying on the business of the society on the pattern approved under Section 80 of the KCS Act and Rules. It is argued that by virtue of Section 80 of the Act and also the staff pattern, it can be seen that the employment of teachers in the school is not an employment under the society. It is also pointed out that the bye-laws of Central Board of Secondary Education and of the requirement of the State Government's directives in that regard enjoin that the educational institution should be run by an independent society or trust. 7.The learned counsel for the contesting respondents, including the third respondent society, point out that the third respondent society is an educational co-operative society WP(C)15342/2008 -: 5 :- and going by the bye-laws, there is no reason to assume that the employees of the school or the college are not employees of the society and that there is no independent society or trust under which the school and the college function. 8.A copy of the approved bye-laws has been placed before me. The society is the Trichur Taluk Co- operative College Educational Society Ltd. The objects of the said society as enumerated in clause 2 of the bye-laws read as follows: (a)To give employment to the educated unemployed persons. (b)To establish and conduct Parallel-cum- Tutorial Colleges. (c)To conduct discussions, seminars, camps etc. on subjects having educational and social importance. (d)To conduct coaching classes for Lower and Higher Training Course in Co-operation with the permission from the Department of Co- operation. (e)To undertake educational activities for spreading literacy among the people. WP(C)15342/2008 -: 6 :- (f)To conduct short training courses for teachers and others on improved methods of teaching of Science and Arts and also on administrative matters. (g)To conduct job-oriented educational courses such as Typewriting and Shorthand, Journalism, Translation etc. and professional and Departmental courses such as CAIIB Account tests, ICWA, GD, CS etc. (h)To conduct short-term Home Science course for educated unemployed women and house- wives. (i)To prepare and sell exercises note books. (j)To undertake publication of journals, books etc. dealing with educational and allied subjects. (k)To undertake research projects having social and educational value and conduct Hindi Medium Schools and Colleges. (l)To do such other things which are incidental conducive to the attainment of the above objects of Society. (m)To sell college books and allied articles. 9.The membership of the society is governed by Clause 5. 'A' Class Membership is open to only unemployed Graduates and Post Graduates who are inclined to take up teaching as their profession and also such members who are employed in the WP(C)15342/2008 -: 7 :- institutions run by the Trichur Taluk Co- operative College Educational Society. For the purpose of this case, we are not concerned with other prescriptions as to membership. The bye- laws provide that the Board may employ such staff as necessary for carrying on its business on the pattern approved under Section 80. Therefore, an approved staff pattern may be necessary. The employment of staff is for the necessity of carrying on its business. Conducting of educational institutions falls within the objects of the society. The membership in the society, as already noticed, is available to persons who are employed in the institutions of the society. Therefore, the institutions, be it the school or college, are merely the extended limbs of the society and the employer of the persons employed in the school and the college is the society itself. Under such circumstances, I have no hesitation to hold that the teacher in the school run by the third respondent society is a paid employee of the society. WP(C)15342/2008 -: 8 :- 10.With the aforesaid, there is no injustice, illegality or error of jurisdiction in the decision impugned in this writ petition. The challenge to it accordingly fails. In the result, the writ petition is dismissed. No costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/