IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 15188 of 2010(W) ---------------------------------- PETITIONER(S): ------------------- THE COMMITTEE OF EDAMON SERVICE CO-OPERATIVE BANK LTD NO.687,EDAMON PO, PUNALUR, KOLLAM DIST, REPRESENTED BY ITS PRESIDENT. BY ADVS. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENT(S): --------------------- 1. SECRETARY TO GOVT(CO-OPERATION DEPT) GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. REGISTRAR OF CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETY(GENERAL), KOLLAM. 4. ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), PUNALUR. BY GOVT. PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 15188/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE DATED 20/04/2010. P2: COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE DATED 13/01/2010. P3: COPY OF THE NOTIFICATION IN THE JANAYUGAM DAILY, DATED 16/01/2010. P4: COPY OF THE NOTIFICATION IN THE KERALA KOUMUDI DAILY, DATED 16/01/2010. P5: COPY OF THE RESOLUTION NO.1058, DATED 23/03/2010. P6: COPY OF THE LIST VERIFIED INSPECTION ON 12/04/2010. P7: COPY OF THE ORDER DATED 13/04/2010 ISSUED BY THE 3RD RESPONDENT. P8: COPY OF THE LAWYERS NOTICE DATED 24/04/2010. P9: COPY OF THE REPLY DATED 06/05/2010. P10: COPY OF THE REPORT OF ASSISTANT REGISTRAR, PUNALUR DATED 13/04/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 15188 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2010 J U D G M E N T The petitioner is a Co-operative Bank registered under the Kerala Co-operative Societies Act. This writ petition has been filed mainly challenging Ext.P7 order issued by the 3rd respondent whereby the selection process initiated for the purpose of filling up of certain vacancies of the sub staff category has been stayed. 2. As per Ext.P2 resolution the petitioner bank resolved to effect recruitment to one vacancy in the post of attender, 3 vacancies in the post of peon. Pursuant to the said resolution, notification as contemplated under the provisions of the Kerala Co-operative Societies Act and Rules was issued as per Exts.P3 and P4, strictly in terms of Circular Nos. 18/91 and 11/99 of the Registrar of Co-operative Societies. In fact, notification has been issued in two vernacular dailies namely, Kerala Koumudi and Janayugam as is obvious from Exts.P3 and P4. In response to the said notification, the petitioner has received 33 applications for the post of Attender and 46 WPC.15188/2010 : 2 : applications for the post of Peon. Out of them, 10 applications were from applicants belonging to SC/ST. As part of the selection process, a written test was proposed to be held on 18.4.2010. Accordingly, the first respondent issued call letters to the candidates on 7.4.2010. In fact, it was at the said stage that the 3rd respondent interfered with the selection process and issued Ext.P7. The contention of the petitioner is that the second respondent is not justified in interfering with the selection process initiated by the bank strictly in accordance with the Act and Rules as also the relevant circulars on the subject. That apart, it is contended that a bare perusal of Ext.P7 would reveal that the said order is, in fact, founded on an apprehension and an opinion that the vernacular dailies Kerala Koumudi and Janayugam are not having wide circular in the area concerned and therefore, it is against Circular No.18/91 of the Registrar. The second reason assigned therein that the Assistant Registrar has reported that huge amount has been received from on Ajith, Aji Bhavan who is number one in the list of persons to be considered for appointment for the purpose of meeting the expenses for WPC.15188/2010 : 3 : conducting election cases before this Court. Further it is stated in the counter affidavit as hereunder:- “Hence there is every chance for the candidates dispensing with their rights to apply for the posts and there is every possibility for back door entry of the relatives and family members of the interested parties in the selection list” It is contended by the learned counsel appearing for the petitioner that there is absolutely no basis for the aforesaid apprehension and there is no justification for interfering with the selection process by assigning such reasons. It is known as to how or what exactly is the basis for arriving at such conclusion that two vernacular dailies in which the petitioner notified the vacancies have no circulation at all. As already noticed hereinbefore, and as is obvious from Exts.P3 and P4, advertisement inviting applications have been issued in Kerala Kaumudi and Janayugam. 3. The 3rd respondent has filed a counter affidavit in this writ petition. In the said counter affidavit no explanation is forthcoming as to how and why he had arrived at such conclusion that the aforementioned dailies have no wide circulation in the area. So also, a perusal of the said counter affidavit would reveal that the conspicuous absence of any WPC.15188/2010 : 4 : statement relating the second objection made as per Ext.P7. No reason whatsoever was also assigned for making such an allegation. In the absolute absence of any reference to the same the contention of the petitioner regarding non- acceptability of the same for interfering with the selection process is to be upheld. In respect of the main objection with respect to the inaction on the part of the petitioner bank in initiating selection process for filling up of vacancies in the post of Junior Clerk, the learned counsel for the petitioner submitted that it can only be an objection raised without any basis or bonafides as the petitioner bank has already initiated appropriate steps for effecting selection for filling up of the vacancies in the said category. In short, it is contended by the petitioner, there is absolutely no basis for the objections raised as per Ext.P7. Apprehension cannot be the basis for interference with a selection process duly initiated by a bank for filling up of vacancies available in a Society strictly adhering the provisions of the Act and Rules and the relevant circulars. Obviously, the respondents also admit that pursuant to the advertisement in Exts.P3 and P4 the Bank has received WPC.15188/2010 : 5 : 33 application for the post of attender and 46 applications for the post of peons among whom 10 applicants belong to SC/ST communities. That apart, if ultimately, it is found that any corruption has been crept in the selection process it will always within the power of the concerned authority to interfere with the same, of course, in accordance with law. At any rate, there cannot be any justification for interfering with a selection process at its initial stage itself. As already stated hereinbefore, no sustainable reason has been assigned by the respondents for interfering with the selection process as per Ext.P7. It be so, it can only be said that interference with the selection process as per Ext.P7 is wholly arbitrary and uncalled for at this stage. In view of the above discussions and especially in the absence of any justifiable reason for interfering with the selection process initiated by the petitioner, I am of the view that the petitioner is justified in seeking the relief for a direction to the respondent not to interfere with the selection process so long as it being effected in accordance with the provisions under the Act and Rules. In view of the above discussions, I am of the view that Ext.P7 WPC.15188/2010 : 6 : cannot be sustained and accordingly, it is set aside. It is made clear that it will be open to the petitioner bank to continue with the selection process in accordance with the provisions under the Act and Rules and the relevant circulars issued by the Registrar. Disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge