IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 14521 of 2011(M) -------------------------- PETITIONER(S): --------------- AJI.C., JUNIOR ACCOUNTANT, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, HEAD OFFICE, FORT P.O., TRIVANDRUM. BY ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR SMT.HENA BAHULEYAN RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, TRIVANDRUM, REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM - 695004 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001. 3. THE TRIVANDRUM DISTRICT CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, FORT P.O., TRIVANDRUM - 695001. BY SRI.P.C.SASIDHARAN, SC FOR KPSC GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R2 SRI.K.G.RADHAKRISHNAN, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.14521 of 2011 ----------------------------------------- Dated this the 31st May, 2011 JUDGMENT The petitioner, who is presently working as Junior Accountant in the Trivandrum District Co-operative Bank Limited, has filed this writ petition seeking a direction to the Kerala Public Service Commission and the State of Kerala to re-notify 50% of the vacancies of Branch Manager in the 14 District Co-operative Banks in the State of Kerala with a view to enable candidates who have passed the B.Com. degree examination with Co-operation also to apply for appointment to the category of Branch Manager in the said District Co-operative Banks. 2. By Ext.P1 notification published in the Kerala Gazette dated 14.12.2009, the Kerala Public Service Commission invited applications from eligible candidates possessing the qualifications prescribed in rule 186(1)(ia) of the Kerala Co-operative Societies Rules, as it then stood, for appointment by direct recruitment to 50% of the vacancies of Branch Managers in 14 District Co- operative Banks. The last date for submission of applications was W.P(C) NO.14521/2011 -:2:- 13.1.2010. The qualifications set out in Ext.P1, which were identical to those stipulated in rule 186(1)(ia) of the Kerala Co- operative Societies Rules, as it then stood, were as follows:- “(i) Graduation from a recognized University with not less than 50% marks in the aggregate and Higher Diploma in Co-operation. (HDC or HDC & BM of the State Co-operative Union of Kerala or HDC and HDCM of National Council for Co-operative Training or Successful completion of the subordinate (Junior) Personal Co-operative Training Course Junior Diploma in Co-operation). OR B.Sc. (Co-operation & Banking) from Kerala Agriculture University. (ii) MBA/CA/M.Com./M.Sc (Co-operation and Banking) of the Kerala Agricultural University will be a preferential qualification.” 3. Long after the last date stipulated in Ext.P1 for submission of applications, the Government amended the Kerala Co-operative Societies Rules by including B.Com. degree with Co- operation recognized by any of the Universities in Kerala also as an additional qualification. The petitioner possesses the said qualification. He does not however possess the Higher Diploma in Co-operation or Junior Diploma in Co-operation. Since he did not W.P(C) NO.14521/2011 -:3:- possess the qualifications then stipulated in the rules he did not apply pursuant to Ext.P1. It is in this background that he has filed the instant writ petition for a direction to respondents 1 and 2 to re-notify the vacancies of Branch Manager so that those who possess B.Com. degree with Co-operation can also apply. 4. The contention raised by the petitioner cannot in my opinion be accepted. By Ext.P1 notification applications were invited from eligible candidates possessing the qualifications prescribed as per the rules then in force for appointment by direct recruitment to 50% of the vacancies of Branch Manager in 14 District Co-operative Banks. Long after the last date stipulated for receipt of applications the qualifications were amended by introducing B.Com. degree with Co-operation also as one among the qualifications. In my opinion the vacancies in respect of which applications were invited by Ext.P1 can be filled up only as per the rules then in force. Any subsequent change in the qualifications or the introduction of a new set of qualifications cannot operate to the detriment of candidates who had applied pursuant to Ext.P1. I therefore find no merit in the contention of the petitioner that the vacancies notified as per Ext.P1 are liable to be re-notified in view W.P(C) NO.14521/2011 -:4:- of the subsequent introduction of an additional qualification in rule 186(1)(ia) of the Kerala Co-operative Societies Rules. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed in limine. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.14521 of 2011 ---------------------------- JUDGMENT 31st May, 2011