IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 20993 of 2010(Y) -------------------------------------- PETITIONER: ------------------- SUNITHA P.S., W/O. M.ARUL DAS, AGED 33 YEARS, RESIDING AT PARAYANVILA PUTHENVEEDU, PONVILA, AYIRA P.O., PARASSALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.MADHU. RESPONDENTS: ----------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE, THULASI HILL, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 3. THE DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. IDICHAKKAPLAMOODU KSHEEROLPADAKA CO-OPERATIVE SOCIETY, NO.T.58(D) APCOS, IDICHAKKAPLAMOODU, PARASSALA P.O., THIRUVANANTHAPURAM. R1 & R2 BY SRI. ALEXANDER THOMAS, S.C, P.S.C, R3 BY ADV. SRI. K.G. RADHAKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20993/2010-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION APPEARED IN THE EXTRA ORDINARY GAZETTE DTD. 25/04/2006 AND DOWN LOADED THROUGH INTEREST. EXT.P.2: COPY OF THE NOTIFICATION DTD. 30/01/2010 ISSUED BY THE R.1. EXT.P.3: COPY OF THE FINAL LIST PUBLISHED BY THE R.1. FOR MAKING SELECTION TO THE POST OF CLERKS/CASHIERS UNDER THE DISTRICT CO-OPERATIVE BANKS IN THE STATE OF KERALA, DTD. 31/05/2010. EXT.P.4: COPY OF THE COMMUNICATION DTD. 26/06/2010 ISSUED BY THE R.1. EXT.P.5: COPY OF THE EXTRACT OF THE RESOLUTION DTD. 31/07/2005 OF THE R.4. SOCIETY. EXT.P.6: COPY OF THE COMMUNICATION DTD. 29/08/2006 ISSUED BY THE R.3. TO R.4. EXT.P.7: COPY OF THE SHARE CERTIFICATE DTD. 29/08/2006 IS ISSUED BY THE R.3. TO R.4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J ........................................... WP(C).NO.20993 OF 2010 ............................................ DATED THIS THE 17TH DAY OF FEBRUARY, 2011 JUDGMENT The petitioner is an applicant for appointment to the post of Clerk/Cashier in District Co-operative Bank, Thiruvananthapuram. In Ext.P1 notification issued by the Kerala Public Service Commission, inviting applications for the post, it was stipulated that 50% of the vacancies reported in each District Co-operative Bank to be filled up for direct recruitment will be filled up by selection from eligible employees of affiliated member societies of the respective banks. The petitioner herein is an employee of the 4th respondent society. The fourth respondent society became an affiliated member of the Thiruvananthapuram District Co-operative Bank only on 29.8.2006 long after 24.5.2006, the last date stipulated in Ext.P1 notification for appointment to the post of Clerk/Cashier in the District Co-operative Bank. Since the society of which the petitioner is an employee, was not affiliated to the District Co-operative Bank, Thiruvananthapuram, on the last date stipulated for submission of applications, her name was Wpc 20993/2010 2 not included in Ext.P3 ranked list published on 31.5.2010. This writ petition was thereupon filed on 5.7.2010, seeking a direction to the respondents to include the petitioner's name in the ranked list. 2. Ext.P4 letter sent by the Kerala Public Service Commission to the petitioner discloses that the reason for not including her name was that the society where she is employed got affiliation with the Thiruvananthapuram District Co-operative Bank only on 29.8.2006. The last date stipulated in Ext.P1 notification for submission of applications was 24.6.2006. A learned Single Judge of this Court in O.P.No.26575 of 2001 held in similar circumstances that as the society of which the petitioner therein is an employee was not affiliated to the Palakkad District Co-operative Bank on the last date for submission of applications, the application of that candidate was rightly rejected. The case on hand is squarely covered by the decision of this Court in O.P.No.26575 of 2001. Necessarily therefore it has to be held that the rejection of the petitioner's candidature on the ground that 4th respondent society became an affiliated member of the Thiruvananthapuram District Co- Wpc 20993/2010 3 operative Bank only after the last date stipulated for submission of application as per Ext.P1 notification, is in order. I therefore find no reason to grant the reliefs prayed for. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE lgk