IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 9743 of 2009(K) --------------------------------------- PETITIONER(S): ------------------------ BIJUMON C.T. S/O.RAJU, 36 YEARS, CHEMMATTUTHODI VEEDU, VADANAMKURISSI POST, SHORANUR, PALAKKAD 679 124. BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENT(S): ------------------------------ 1. THE CHERPALCHERI CO-OP URBAN BANK LTD. NO.1696,CHERPALCHERI, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT, THE CHERPALCHERI CO-OP URBAN BANK LTD.NO.1696,CHERPALCHERI, PALAKKAD DISTRICT. 3. CO-OP SERVICE EXAMINATION BOARD, THIRUVANANTHAPURAM REPRESENTED ITS SECRETARY. 4. THE REGISTRAR OF CO-OP SOCIETIES, KERALA, THIRUVANANTHAPURAM. 5. THE SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 6. ANANDAVALLY C.M. PULARY, PULAPPARA POST, PALAKKAD 678632 (JUNIOR CLERK, THE CHERPALCHERY CO-OP URBAN BANK LTD.NO.1696, CHERPALCHERY, PALAKKAD DISTRICT) R1 & R2 BY ADV. MR.V.K.BALACHANDRAN R3 BY ADV. MR. P.U.SHAILAJAN R4 & R5 BY SR.GOVERNMENT PLEADER MR.K.S.MOHAMMED HASHIM R6 BY ADV. MR.M.DINESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9743/2009 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION NO.256 DTD. 10/02/2005 OF THE 1ST RESPONDENT. P2: COPY OF THE REQUEST MADE BY THE 1ST RESPONDENT DTD.5/03/05 TO THE 3RD RESPONDENT. P3: COPY OF THE NOTIFICATION DTD. 19/01/2006 ISSUED BY THE 3RD RESPONDENT INVITING APPLICATIONS FOR APPOINTMENT IN VARIOUS POSTS. P4: COPY OF THE ADMISSION CARD ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DTD. 3/11/2006. P5: COPY OF MEMO DTD. 22/03/2007 ISSUED TO THE PETITIONER FOR CONDUCTING THE INTERVIEW. P6: COPY OF CASTE CERTIFICATE ISSUED TO THE PETITIONER BY THE TAHSILDAR, OTTAPALAM. P7: COPY OF SELECT LIST OF CANDIDATES FOR APPOINTMENT AS JUNIOR CLERKS IN THE 1ST RESPONDENT BANK. P8: COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR SC/ST DTD. 10/09/2007. P9: COPY OF THE LETTER DTD. 27/11/2008 SENT BY THE JT. REGISTRAR OF CO-OP. SOCIETIES, PALAKKAD TO THE 5TH RESPONDENT. P10: COPY OF THE LETTER SENT BY THE ADDL.CHIEF SECRETARY TO THE 4TH RESPONDENT. P11: COPY OF THE LETTER DTD. 28/10/2008 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE RESOLUTION NO.2 PASSED BY THE 1ST RESPONDENT BANK DTD. 7/06/2007. R1(B): COPY OF THE LETTER DTD. 3/11/2008 ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------------------- W.P.(C)No.9743 of 2009 ---------------------------------------- Dated 20th January, 2010 JUDGMENT The Managing Committee of the first respondent bank that met on 10.2.2005 resolved to fill up five vacancies of Junior Clerks then in existence in the bank and to request the Co-operative Service Examination Board, Thiruvananthapuram to make necessary arrangements for filling up the said vacancies. The bank also resolved that one among the said posts shall be reserved for candidates belonging to the Scheduled castes/Scheduled Tribes. The Secretary of the first respondent bank forwarded a copy of Ext.P1 resolution to the Secretary, Co-operative Service Examination Board, Thiruvananthapuram along with Ext.P2 letter dated 5.3.2005. In the said letter also, it was specifically mentioned that one out of the five posts of Junior Clerk is reserved for candidates belonging to the Scheduled Castes/Scheduled Tribes. The Co-operative Service Examination Board, Thiruvananthapuram thereafter issued Ext.P3 notification dated 19.1.2006 inviting applications for appointment as Junior Clerk in the first respondent bank. In that notification, the Board failed to notify that one post is reserved for candidates belonging to the Scheduled Castes/Scheduled Tribes. WP(C).No.9743/2009 2 2. Pursuant to Ext.P3 notification, the petitioner applied for appointment as Junior Clerk in the first respondent bank. He was called to appear for the written test held on 18.11.2006 and the interview held on 9.4.2007. Thereafter, Ext.P7 rank list was published. In the said rank list, the petitioner was included as serial No.36. After Ext.P7 rank list was published, the Managing Committee of the first respondent bank met on 7.6.2007 and resolved to appoint the first five rank holders named in Ext.P7 rank list as Junior Clerks. After the said appointments were made, on coming to know of the fact that the bank had passed a resolution to reserve one post to candidates belonging to the Scheduled Castes/Scheduled Tribes, the petitioner submitted Ext.P8 representation dated 10.9.2007 before the Hon'ble Minister for Welfare of Backward and Scheduled Communities. The said representation was forwarded to the Secretary to Government, Co- operation Department, who called for a report from the Joint Registrar of Co-operative Societies, Palakkad. The Joint Registrar thereupon submitted Ext.P9 report wherein he stated that though in Ext.P1 resolution and Ext.P2 letter the bank had specifically mentioned that one post is reserved for candidates belonging to SC/ST community, all the five vacancies were notified in the general category. He also stated that the first five rank holders have been appointed from the WP(C).No.9743/2009 3 rank list. The Government thereupon called for a report from the Co- operative Service Examination Board and also from the first respondent bank. The Secretary of the Co-operative Service Examination Board thereupon sent Ext.P11 letter dated 28.10.2008 to the Registrar of Co-operative Societies stating that a mistake was committed when Ext.P3 notification was issued and that the bank can appoint the SC/ST candidate who has secured the highest mark as Junior Clerk against one of the vacancies. This writ petition was thereupon filed seeking a direction to respondents 1 to 5 to appoint the petitioner as Junior Clerk in the first respondent bank. The petitioner contends that among the SC/ST candidates ranked in Ext.P7 rank list, he is the highest rank holder and therefore he is entitled to be appointed as Junior Clerk. The petitioner has also prayed for a direction to respondents 1 and 2 to terminate the service of the sixth respondent in order to accommodate him. 3. Respondents 1 and 2 have filed a counter affidavit pointing out that though they had resolved to reserve one post for SC/ST candidates, when the notification was issued, all the five vacancies were treated as vacancies in the general category. Respondents 1 and 2 dispute the entitlement of the petitioner to claim appointment against the reserved post. WP(C).No.9743/2009 4 4. It is now conceded at the Bar that the first rank holder in Ext.P7 rank list namely Sri T.Anilkumar who was appointed as Junior Clerk, has resigned from the service of the first respondent bank for taking up employment as Co-operative Inspector in the Co- operation Department on advise by the Kerala Public Service Commission. The learned counsel for the petitioner submits that in such circumstances, as a vacancy has arisen, without disturbing the sixth respondent, he can be accommodated in that vacancy. The learned counsel for respondents 1 and 2 does not oppose the said request. In fact, he very fairly submitted that as a mistake had occurred when Ext.P3 notification was issued by the Co-operative Service Examination Board, the petitioner cannot be visited with the consequences thereof. He also submitted that in view of the contents in Ext.P11 letter, the bank is willing to appoint the highest rank holder among SC/ST candidates in the vacant post of Junior Clerk vacated by Sri.T.Anilkumar and if the petitioner is the highest rank holder, the bank will appoint him in that vacancy. The learned Government Pleader appearing for respondents 4 and 5 did not oppose the said submission. 5. In the light of the above submissions and having regard to the contents of Ext.P11 letter sent by the third respondent Board to WP(C).No.9743/2009 5 the Registrar of Co-operative Societies, I dispose of this writ petition with a direction to respondents 1 and 2 to fill up the vacant post of Junior Clerk that has arisen in the first respondent bank on the resignation of Sri.T.Anilkumar, the first rank holder in Ext.P7 rank list by appointing the highest rank holder among the SC/ST candidates in Ext.P7 rank list. If the petitioner is the highest rank holder, he shall be thus appointed. Orders in that regard shall be issued expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before the Secretary of the first respondent bank. It is clarified that the sixth respondent shall not be disturbed in order to accommodate the candidate belonging to SC/ST community. P.N.RAVINDRAN Judge TKS