IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 32395 of 2009(T) -------------------------- PETITIONER: --------------- SRI. K.C.MOHANAN, PRESIDENT, VARKALA SERVICE CO-OPERATIVE BANK LTD. NO.T 161, VARKALA P.O., THIRUVANANTHAPURAM – 695 141. BY ADV. MR. UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: --------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM. 2. ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES CHIRAYINKEEZHU. 3. GOPINATHAN NAIR, S/O. NEELAKANDAPILLA, ARUN NIVAS, PUNNAMMOODU, VARKALA P.O., THIRUVANANTHAPURAM. 4. BINDHU R. D/O. HARIDASAN, VAISAKH, MUNDAYIL, VARKALA, THIRUVANANTHAPRUAM. R1 & R2 BY GOVERNMENT PLEADER MR. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ S. SIRI JAGAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 32395 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 12th day of November 2009. JUDGMENT Petitioner is the President of the Varkala Service Co-operative Bank Ltd. No. T.161. According to the petitioner, going by the classification of the Society, the petitioner Society requires 16 employees for its proper functioning. But at present, there are only 4 employees consisting of one Secretary and 3 Senior / Junior Clerks. The Clerks are doing the work of Attender and Peon is the contention raised by the petitioner. Therefore, services of one Peon and one Attender is absolutely and immediately necessary for the Bank. Hence, the Society decided to conduct a written test and interview for the selection of one peon and one Attender. The Society invited applications by publishing a notification in two dailies. The test and interview was scheduled to be conducted on 31.10.2009. On the basis of some complaint received, the first respondent stayed the test and interview by order dated 30.10.2009. Ext.P8 is that order. Petitioner is aggrieved by the same. According to the petitioner, W.P.(C). No. 32395 OF 2009 2 Society is making the recruitment after complying with all the procedure prescribed under law. Petitioner therefore seeks the following reliefs. “ (i) Call for the records leading to Ext.P8 and quash the same by a writ of certiorari or any other appropriate writ, direction or order (ii) Permit the petitioner society to proceed with the test and interview to the post of 1 Attender and 1 Peon and to appoint successful candidates. (iii) To declare that the 1st and 2nd respondent has no authority to interfere in the selection procedure and the society can appoint successful candidates after proper selection procedure. (iv) Issue such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper, in the circumstances of the case.” 2. The learned Government Pleader submits that Ext.P8 order was passed after being, prima facie, satisfied that there were irregularities in the process adopted by the petitioner. The learned Government Pleader points out that the fact that the written test and interview were to be conducted on the same day itself would support Ext.P8 order. W.P.(C). No. 32395 OF 2009 3 3. After hearing both sides, I feel that after having issued Ext.P8 order, the first respondent should pass final orders pursuant to the same as to the legality or illegality of the selection procedure adopted by the Society expeditiously. Accordingly, I dispose of this writ petition with a direction to the first respondent to take a final decision in the matter pursuant to Ext.P8 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. While passing orders, the first respondent shall consider Ext.P9 objections and also afford an opportunity of being heard to the Society and the complainant on whose complaint Ext.P8 order was passed. (S. SIRI JAGAN) JUDGE kkms/