IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 8540 of 2011(N) ------------------------------------- PETITIONER(S): ------------------------ E.K.BHANUMATHI, ACCOUNTANT, PERAKAM SERVICE CO-OPERATIVE BANK PERAKAM.P.O., CHAVAKKAD, THRISSUR DISTRICT-680 506 (RESIDING AT MULLASSERY HOUSE, VADOOKARA, THRISSUR-680 007) BY ADV. SRI.C.ANIL KUMAR SMT.A.K.PREETHA RESPONDENT(S): --------------------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695 001. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) O/O. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR-680 001. 3. PERAKAM, SERVICE CO-OPERATIVE BANK LIMITED, NO.F 6916, PERAKAM.P.O, CHAVAKKAD, THRISSUR DISTRICT-680 506. R1 & R2 BY GOVERNMENT PLEADER SMT.ANITHA REVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.8540/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RESOLUTION NO.12 DATED 27/10/1999 OF THE 3RD RESPONDENT P2 COPY OF THE APPROVED FEEDER CATEGORY SUB-RULES OF THE 3RD RESPONDENT BANK. P3 COPY OF THE RESOLUTION NO.5 DATED 3/12/2008 TAKEN BY THE 3RD RESPONDED. P4 COPY OF THE ORDER NO.C.R.P.3240/09/L/DIS DATED 18/11/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.8540 of 2011 ----------------------------------------- Dated this the 25th day of October, 2011 JUDGMENT The petitioner is presently working as Accountant in the third respondent co-operative society. The petitioner does not possess a degree. With a view to promote the petitioner to the category of Manager, the Managing Committee of the third respondent society that met on 3.12.2008 resolved to request the Registrar of Co-operative Societies to exempt her from possessing the qualification of graduation, with retrospective effect from 1.3.2007. This writ petition is filed contending that the Joint Registrar of Co-operative Societies, to whom the application was forwarded for transmission to the Registrar of Co-operative Societies, did not forward it to the Registrar of Co-operative Societies, but returned it stating that the post of Branch Manager is not a post in the feeder category rules and therefore the application for exemption should be re-submitted after the feeder category rules are suitably amended. In this writ petition the petitioner challenges Ext.P4 and seeks a direction to the first W.P(C).No.8540 of 2011 -:2:- respondent to take an appropriate decision on Ext.P3 resolution in accordance with the provisions contained in the Kerala Co- operative Societies Act and the Rules. 2. I heard Smt.A.K.Preeta, learned counsel appearing for the petitioner and Smt.Anitha Ravindran, learned Government Pleader appearing for respondents 1 and 2. Though the third respondent has been served, it has not chosen to enter appearance. Under rule 185(8) of the Kerala Co-operative Societies Rules the power to exempt any employee of a co- operative society from possessing the educational qualification of graduation is vested in the Registrar of Co-operative Societies. The Joint Registrar of Co-operative Societies is not competent to grant such exemption. Such being the situation, I am of the opinion that the second respondent ought to have forwarded the application submitted by the third respondent society together with the accompanying papers, including the resolution adopted by the Managing Committee of the third respondent society, to the Registrar of Co-operative Societies for appropriate action. No doubt, the Joint Registrar of Co-operative Societies would have given his views in the matter, but the question whether the W.P(C).No.8540 of 2011 -:3:- exemption sought should be granted or not is a matter on which the Registrar of Co-operative Societies alone can take a decision. I am therefore, of the opinion that the stand taken by the Joint Registrar of Co-operative Societies in Ext.P4 order cannot be sustained. I accordingly allow writ petition, set aside Ext.P4 and direct as follows:- (a) The second respondent shall forward the application submitted by the third respondent society for exemption under rule 185(8) of the Kerala Co-operative Societies Rules to the Registrar of Co-operative Societies together with his views in the matter expeditiously and in any event within two weeks from the date on which the petitioner produces a certified copy of this judgment before him. (b) The Registrar of Co-operative Societies shall thereupon consider the said application and take an appropriate decision thereon in accordance with law expeditiously and in any event within one month from the date on which the application for exemption, with the accompanying papers, is received by him from the Joint Registrar of Co-operative Societies. W.P(C).No.8540 of 2011 -:4:- (c) The Registrar of Co-operative Societies shall, after a decision is taken on the application, communicate copies thereof to the petitioner and the third respondent society. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.8540 of 2011 ---------------------------- JUDGMENT 25th October, 2011