IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WA.No.327 of 2009 ---------------------- AGAINST THE JUDGEMENT IN WP(C).2911/2009 DATED 5.2.2009. .................... APPELLANT/ PETITIONER IN WPC 2911/09: ------------------------------------------------ MALLIKESWARI K.P., KUNDUPARAMBIL HOUSE, VELLUVANGAD P.O., PANDIKKAD (VIA), MALAPPURAM DISTRICT. BY MR. P.P.JACOB, ADVOCATE. RESPONDENTS/RESPONDENTS IN WP(C) 2911/09: --------------------------------------------------------- 1. THE KARUVARAKUNDU SERVICE CO-OPERATIVE BANK LTD.NO.F.1191, KARUVARAKUNDU, MALAPPURAM, REPRESENTED BY ITS SECRETARY. 2. THE CO-OPERATIVE SERVICE EXAMINATION BOARD, 2ND FLOOR, KERALA STATE CO-OPERATIVE BANK BUILDING, OVER BRIDGE JUNCTION, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), MALAPPURAM. MR.P.U.SHAILAJAN,SC,CO-OP.SERVICE EXAM FOR R2 MS. A.G. ANEETHA, GOVERNMENT PLEADER. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------ Writ Appeal No.327 OF 2009 ------------------------------------------ Dated this the 11th day of February, 2009. J U D G M E N T Kurian Joseph, J. The appellant is the petitioner in Writ Petition (C) No.2911 of 2009. The writ appeal is filed against the order dated 05.02.2009 in the said writ petition. Issue pertains to the steps taken by the first respondent-Bank for appointment to various posts. 2. According to the appellant-petitioner, the selection now made without meeting the mandatory requirement of 10% reservation to the Scheduled Caste/ Scheduled Tribe is illegal. It is further submitted that despite the interim order, the Bank is proceeding with such illegal recruitment and hence the appellant prays for stay of all further proceedings for appointment. 3. In the order under challenge, the learned Single Judge made it clear that “any appointment following the selection in question shall be only in terms of the rules of reservation as contained in section 80(4) of the Kerala Co-operative Societies W.A.No.327/09 2 Act, 1969”. Learned Special Government Pleader submits that the statutory requirement is to provide reservation to the extent of 10% against the cadre strength. Learned counsel for the Examination Board also endorses the said submission. It is further submitted by the learned Special Government Pleader and the learned counsel for the Examination Board that no further clarification other than what is clearly directed by the learned Single Judge is required since the apprehension is without any basis. In that view of the matter, we do not think that any notice need be issued to the first respondent. The order under appeal does not give room for any apprehension. In case any further clarification regarding the mode of selection is required, it is for the appellant to approach the learned Single Judge. Without prejudice to such liberty, this writ appeal is dismissed. KURIAN JOSEPH JUDGE S.S.SATHEESACHANDRAN JUDGE smp W.A.No.327/09 3 KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. W.A. No.327 OF 2009 J U D G M E N T 11.02.2009