IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 37797 of 2007(Y) -------------------------- PETITIONER: ------------ R.G.PREMRAJ, SECRETARY-IN-CHARGE OF NELLIMOODU SERVICE CO-OPERATIVE BANK LIMITED NO.2637, NELLIMOODU, TRIVANDRUM. BY ADV. SRI.V.G.ARUN RESPONDENTS: ------------- 1. THE BOARD OF DIRECTORS OF NELLIMOODU SERVICE CO-OPERATIVE BANK LIMITED, NO. 2637, NELLIMOODU 695524, TRIVANDRUM REPRESENTED BY ITS PRESIDENT. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TRIVANDRUM. BY ADV. SRI.D.SOMASUNDARAM GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.37797/07 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE APPROVED FEEDER CATEGORY RULES DTD. 30-12-96. EXT.P2 TRUE COPY OF THE ORDER DTD. 29-10-99. EXT.P3 TRUE COPY OF THE ORDER DATED 24-6-03. EXT.P4 TRUE COPY OF THE LETTER DTD. 9-8-05 EXT.P5 TRUE COPY OF THE PROCEEDINGS DTD. 26-10-06 OF THE BANK. EXT.P6 TRUE COPY OF THE RESOLUTION NO.II DTD. 4-10-07 EXT.P7 TRUE COPY OF THE REPRESENTATION DTD. 6-12-07 EXT.P8 TRUE COPY OF THE REPRESENTATION DTD. 5-12-07 FIRST RESPONDENT'S EXHIBITS EXT.R1(A) TRUE COPY OF THE CIRCULAR NO. 22/89 DTD. 12-4-89. EXT.R1(B) TRUE COPY OF THE RESOLUTIONS. /True Copy/ PA to Judge. THOTTATHIL.B.RADHAKRISHNAN, J. --------------------------------- W.P(c)No.37797 OF 2007 ------------------------------------ Dated this the 24th day of January, 2008 JUDGMENT Undisputedly the petitioner does not have the prescribed qualifications for being appointed as Secretary in terms of the statutory Rules. The bye-laws of the society has to be subservient to the statutory Rules as regards the qualification for promotion. The petitioner has also not gathered the necessary years of experience in service, for being considered for exemption from the statutory qualification, to the extent exemption is permissible under law. Though petitioner was earlier granted exemption from the qualifying service to become the Chief Accountant, which category is equivalent to that of Assistant Secretary and therefore was permitted to hold the post of Secretary that fell vacant owing to the demise of the then incumbent, I do not think that the petitioner has any right to insist that he should be promoted as Secretary disabling the bank from making appointment otherwise. While the first respondent bank could make appointment strictly in terms of law, the claim of the petitioner for promotion cannot be upheld. Writ Petition fails and the same is dismissed. THOTTATHIL.B.RADHAKRISHNAN JUDGE sv.