IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WA.No. 1161 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13708/2009 Dated 22/05/2009 .................... APPELLANT/ RESPONDENT ------------------ THE STATE CO-OPERATIVE EXAMINATION BOARD THIRUVANANTHAPURAM, REP.BY SECRETARY. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT/ PETITIONER ------------------------- BRAHMAMANGALAM GRAMASWARAJ SERVICE CO- OPERATIVE BANK LTD.NO.2966, BRAHMAMANGALAM P.O., KOTTAYAM DISTRICT. REP.BY SECRETARY. ADV.SRI. GEORGE POONTHOTTAM THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A.No.1161 OF 2009 ------------------------------- Dated this the 5th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The respondent in the writ petition is the appellant. The brief facts of the case are the following: 2. The respondent/writ petitioner is a Co-operative Society. It intimated the appellant Board that there are two vacancies of Junior Clerk in its establishment and so, a written test may be conducted and a list may be forwarded for making selection to those vacancies. The Board held a written test on 8.11.2008, which was a combined test for several other Co- operative Societies also. The list was forwarded as contemplated under Rule 182 to the Co-operative Society. The Managing Committee of the respondent Society held the interview on 24.1.2009. The Society sent the list of candidates with the marks awarded to them in the interview to the appellant Board on 29.1.2009. The same was received by the appellant Board in the 1st week of February, 2009. W.A.No.1161/2009 2 3. In the meantime, the appellant Board received certain complaints alleging that the candidates were not given sufficient time to produce nativity certificate and therefore, they were not able to get 5 marks meant for candidates from the same district. The appellant Board brought this matter to the notice of the Joint Registrar and instead of sending the consolidated list of candidates back to the Society, it awaited further orders from the Joint Registrar. The appellant by Ext.P5 communication called upon the Society to explain why it did not grant sufficient time to some of the candidates to produce the nativity certificate. The Society replied by Ext.P6. Feeling aggrieved by the omission of the appellant Board to send the consolidated list of candidates as provided under Rule 182(4) (iv) of the Kerala Co- operative Societies Rules, the Writ Petition was filed seeking the following reliefs: “i) Issue a writ of mandamus directing the respondent Board to forward the list of candidates in accordance with sub-rule (4)(vi) of Rule 182 of the KCS Rules on having received the marks from the society after the interview following the written test conducted to fill up the post of junior clerks in the society. W.A.No.1161/2009 3 ii) Issue a writ declaring that the respondent Board is obliged to forward the list of candidates on receipt of the marks in the interview from the society and there is no other option left with the Board in terms of the statutory provision and the query made as per Ext.P5 is unauthorised and without legal authority.” 4. The writ petition was resisted by the appellant Board . It supported Ext.P5. According to the Board, it has powers under Rule 182A of the KCS Rules to go into the irregularities in the interview. The learned Single Judge overruled the said contentions of the appellant Board and allowed the writ petition. Hence, this appeal. 5. We heard the learned counsel, Mr.P.U.Shailajan, for the appellant and also Mr.George Poonthottam for the Society. 6. Section 80B provides for the constitution of a Co- operative Examination Board for holding written test for selection to certain posts under the Co-operative Societies registered under the Kerala Co-operative Societies Act. The said provision was incorporated in the background of widespread allegations of manipulation and favoritism in the matter of conduct of written test. The detailed procedure to be followed in W.A.No.1161/2009 4 conducting a written test and forwarding the list etc. are given under Rule 182. Rule 182A deals with the powers of the Co- operative Examination Board. Before deciding whether the Board has any powers to go into the alleged irregularities in the conduct of the interview by the Society, we will refer to the relevant provisions of the Rule. The procedure for reporting of vacancies, conduct of written test etc. are contained in Rule 182 (4) of the Co-operative Societies Rules, which reads as follows: “182 (4):- In respect of recruitment to societies covered by Section 80B of the Act, the following procedure shall be followed:- (i) The Society shall report the vacancy to the Co-operative Service Examination Board and the applications for appointment shall be invited by the Co-operative Service Examination board, by notification in two vernacular dailies, having wide circulation in the area. The notification shall include the details of number of vacancies, qualifications required for the post, age and reservation, if any, the mode of application, method of appointment and other required details. The Co-operative Service Examination Board may collect application fee along with the application at the rate fixed by the Registrar of Co-operative Societies from time to time. The Examination Board shall process the applications and prepare the list of candidates to be called for the written test. One copy of the prepared list shall be published in the notice Board of the Examination Board and one copy shall be sent to the society for publication in its notice board. The society shall W.A.No.1161/2009 5 publish it in the notice board and copies thereof in the branch offices of the society. The arrangements for the written test shall be made by the Examination Board. (ii) The Examination Board shall conduct the written examination of the candidates and furnish a list of eligible candidates to be interviewed to the committee of the society within a period of three months from the date of requisition by the society. The list so furnished shall not contain the mark secured by the candidates. (iii) The maximum marks for written examination shall be 80 and those who secure 40% of the marks shall only be eligible to be included in the list for interview. Provided that in case of candidates belonging to Scheduled Caste or Scheduled Tribe, those who secure 30% of marks and above shall be included in the list. (iv) The maximum marks for interview shall be 15. Provided that the minimum marks for interview shall be 3. (iv A) Candidates of home district shall be awarded 5 marks over and above the marks for interview as grace marks. (v) On receipt of the list from the Examination Board, the committee shall conduct interview of the candidates (within two months from the date of such receipt) and return the list to the Examination Board noting the marks secured by each candidates, in the interview within a period of two weeks. W.A.No.1161/2009 6 (vi) On receipt of the list from the society, the Examination Board shall note down the marks secured by each of the candidate in written examination and return consolidated list with the total marks obtained by each candidate. This shall be done within a period of one week. (vii) On the basis of the consolidated list so received from the Examination Board, the committee shall prepare the rank list of candidates and publish the same in the notice board of the society. The society shall send one copy of the rank list so published to the Examination Board also. The board shall examine the correctness of such rank list and report to the Registrar, the irregularities, if any. The list shall be valid for a period of two years from the date of publication of the same by the society. (viii) All appointments to the vacancies shall be made by the committee from the select list so published; (within one month from the date of such publication and shall be reported to the Examination Board. (ix) Expenses, if any, incurred over and above the fees collected by the Examination Board, shall be borne by the society concerned.” 7. Clause (vi) of sub-rule (4) of Rule 182 quoted above would show that on receipt of the list of candidates with the marks secured by them in the interview from the Society, the Board has to consolidate the list by adding the marks secured in the written examination by the candidates and return the same to the Society within a period of one week. They are not W.A.No.1161/2009 7 supposed to go into the alleged irregularities in the conduct of the interview or call for explanation from the Co-operative Society. But, the learned counsel for the appellant relied on the provisions of clauses (ii) & (iii) of Sub-rule (3) of Rule 182A and sub-rule (4) of Rule 182. We have already quoted Rule 182(4) earlier. The relevant clauses of Rule 182A(3) reads as follows: 182A: Powers and functions of the Co-operative Service Examination Board:- (3) (ii) The examination may be conducted for individual society or for a class of societies as found expedient or suitable for the purpose; (iii) The examinations so conducted shall not deprive the right of an applicant for appearance in more than one examination, if such applicant has applied for more than one post or for more than one society. Examination Board may collect application fee along with the application at the rate fixed by the Registrar of Co-operative Societies from time to time. The Examination Board shall process the applications and prepare the list of candidates to be called for the written test. One copy of the prepared list shall be published in the notice Board of the Examination Board and one copy shall be sent to the society for publication in its notice board. The society shall publish it in the notice board and copies thereof in the branch offices of the society. The arrangements for the written test shall be made by the Examination Board. W.A.No.1161/2009 8 8. We feel that those provisions deal with only the examination and not with the interview. No other provision has been brought to our notice, which enables the Board to meddle with the interview or to rectify any alleged irregularity in the interview. So, we are of the view that Ext.P5 has been issued without jurisdiction and the Board has failed in its duty to send promptly the consolidated mark list to the Co-operative Society. So, the learned Single Judge has rightly interfered with the action of the Board and issued appropriate directions. 9. Of course, there can be irregularities in the holding of the interview and the same may be apparent on the face of the record. In such circumstances, the Board can bring it to the notice of the Joint Registrar concerned under Rule 182(4) (vii) after the publication of the rank list. But, the Board cannot venture to act on its own to rectify any irregularities noted by it. In the result, the Writ Appeal fails and it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps