IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 6205 of 2010(A) ------------------------- PETITIONER: ------------------- SOBHADEVI S.,W/O.RAJASEKHARAN NAIR THARAMEL VADAKKATHIL, KOTTACKACKOM, CHAVARA PO, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): -------------------------- 1. CO-OPERATIVE SERVICE EXAMINATION BOARD REPRESENTED BY ITS SECRETARY, 2ND FLOOR, KERALA STATE CO-OPERATIVE BANK BUILDING OVERBRIDGE JN, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. 3. THE THODIYOOR SERVICE CO-OPERATIVE BANK LTD, NO.2406, KOLLAM ,REPRESENTE BY SECRETARY, THODIYOOR PO KARUNAGAPPALLY, KOLLAM. R1 BY ADV. SRI.P.U.SHAILAJAN,SC,CO-OP.SERVICE EXAM R3 BY ADV. SRI.R.KRISHNA RAJ BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6205 of 2010(A) ----------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE RANK LIST FOR THE POST OF JUNIOR CLERK IN THE THIRD RESPONDENT BANK. EXT.P2. COPY OF THE NOTIFICATION NO.C.S.E.B./EXAM/13/2009 DATED 29.01.2010 INVITING APPLICATION TO THE POST OF JUNIOR CLERK ISSUED BY THE FIRST RESPONDENT DESHABHIMANI DAILY. EXT.P3. COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 01.02.2010 BEFORE THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS ------------------------------------- EXT.R3 (A). COPY OF THE NOTIFICATION DATED 9.10.2006 EXT.P4. COPY OF THE PROCEEDINGS NO.P(2) 848/2010 DATED 24.02.2010 ISSUED BY THE 2ND RESPONDENT JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. / TRUE COPY / P.A. TO JUDGE VK P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.6205 of 2010 ------------------------------- Dated this the 14th day of March, 2011 J U D G M E N T The petitioner was an applicant for appointment to the post of Junior Clerk in the third respondent bank, pursuant to a notification issued in that regard by the first respondent Board, a copy of which is on record as Ext.R3(a). The number of vacancies notified was 2. After the written test, the third respondent bank conducted an interview and thereafter Ext.P1 ranked list was published on 7.3.2008. The petitioner is Sl.No.13 therein. This writ petition is filed contending that notwithstanding the existence of vacancies, the third respondent is not filling up the vacancies by appointing the candidates named in Ext.P1 ranked list, which will cease to be in force on 6.3.2010. It is contended that even though vacancies are in existence and the ranked list is also in force, the third respondent has taken steps to re-notify the vacancies by issuing Ext.P2 notification. In this writ petition filed on 24.2.2010, the petitioner challenges Ext.P2 and seeks a direction to the third respondent bank to fill up the vacancies of Junior Clerk from Ext.P1 ranked list and to appoint the petitioner against one of the vacancies. The writ petition proceeds on the basis that five vacancies of Junior Clerk exists in the third respondent bank and therefore the W.P.(C) No.6205 of 2010 2 said vacancies have to be filled up from Ext.P1 rank list. Reliance is placed on the decision of this Court in Kodakara Farmers Service Co-operative Bank Ltd. v. Neena (2010 (1) KLT 541) in support of the said contention. 2. The third respondent bank has filed a counter affidavit dated 28.2.2011. It is stated therein that after the publication of Ext.P1 ranked list, two vacancies of Junior Clerk were filled up. It is stated that as the notified vacancies were filled up by appointing candidates from Ext.P1 ranked list, the rank list stands exhausted. It is also stated that the Board of Directors had passed a resolution on 22.1.2010 to fill up the then existing 5 vacancies of Junior Clerk and those vacancies were notified by Ext.P2 notification dated 29.1.2010. The counter affidavit further proceeds to state that the first respondent Board thereafter conducted a written test and a list of candidates was prepared and published and that it was the subject matter of W.P.(C) No.731 of 2011 in this Court. It is stated that the said writ petition was disposed of by this Court on 20.1.2011 with a direction to fill up the vacancies of Junior Clerk notified as per Ext.P2 within a period of one month from the date of the judgment and that though W.A.No.235 of 2011 was filed from the said judgment, the W.P.(C) No.6205 of 2010 3 said writ appeal was dismissed on 18.2.2011 confirming the judgment in W.P.(C) No.731 of 2011. It is stated that as the vacancies notified as per Ext.P2 have thus been ordered to be filled up, the petitioner cannot seek appointment as Junior Clerk based on the inclusion of her name in Ext.P1 ranked list. 3. The petitioner has filed a reply affidavit wherein it is stated that rank Nos. 5, 8, 10 and 11 from Ext.P1 ranked list were appointed as Junior Clerk in the third respondent bank and two of them viz., rank Nos.10 and 11 resigned. It is contended that the statement of the third respondent bank in their counter affidavit that two appointment were made is incorrect and that the Minutes Book, Attendance Register and Acquittance Register would prove that two persons resigned from service and that two vacancies of Junior Clerk existed in the bank on the date of expiry of the rank list that was published on 7.3.2008. 4. I heard Sri.C.Unnikrishnan, the learned counsel appearing for the petitioner, Sri.P.U.Shailajan, the learned standing counsel appearing for the first respondent, Sri.Basant Balaji, the learned Government Pleader appearing for the second respondent and Sri.R.Krishnaraj, the learned counsel appearing for the third W.P.(C) No.6205 of 2010 4 respondent. It is evident from the pleadings and the materials on record that bank had notified only two vacancies prior to the preparation of Ext.P1 ranked list. It is also not in dispute that from that ranked list, two candidates were appointed. While the petitioner contends that 4 candidates were appointed and later two of them resigned, the bank has stated in the counter affidavit that only two candidates were appointed. The bank has not chosen to set out the names of the two candidates or their ranks. It is also evident from the materials presently on record that before the expiry of Ext.P1 ranked list, 5 vacancies were in existence in the third respondent bank and that the Board of Directors of third respondent bank that met on 22.1.2010 resolved to fill up the said 5 vacancies. It is evident from paragraph 4 of the counter affidavit that as on 22.1.2010, when Ext.P1 ranked list was in force, there were 5 vacancies in the third respondent bank. Ext.P1 ranked list ceased to be in force only on 6.3.2010. It is also true that pursuant to the direction of this Court in W.P.(C) No.731 of 2011 which was affirmed in W.A.No. 235 of 2011, four out of the said five vacancies were also filled up. However, by reason of the interim order passed by this Court on 22.2.2011 in this writ petition, one post is kept vacant. In such circumstances, as W.P.(C) No.6205 of 2010 5 five vacancies of Junior Clerk were admittedly in existence on 6.3.2010, I am of the opinion that the petitioner is entitled to an order directing the third respondent to fill up one out of the said five vacancies that now remains unfilled by appointing the next candidate in Ext.P1 ranked list eligible for appointment. In view of the fact that the remaining four vacancies have already been filled pursuant to the direction of this Court in W.P.(C) No.731 of 2011, no relief can be granted in respect of those four vacancies especially since the candidates appointed from the new list are not on the party array. I accordingly dispose of the writ petition with a direction to the third respondent to fill up one vacancy of Junior Clerk presently in existence in the third respondent bank by appointing the next eligible candidate from Ext.P1 ranked list. Necessary orders in that regard shall be issued expeditiously and in any event within one week from the date on which the petitioner produces a certified copy of this judgment before the Secretary of the third respondent bank. P.N. RAVINDRAN, JUDGE. nj.