IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 21059 of 2007(F) -------------------------- PETITIONER(S): --------------- V/.BALAKRISHNAN, S/O.RAMAN NAIR, ACCOUNTANT/MANAGER IN CHARGE VILLIAPPALLY PANCHAYATH SERVICE CO-OPERATIVE BANK VILLIAPPALLY PO, KOZHIKODE DISTRICT. BY ADV. SMT.G.KRISHNAKUMARI RESPONDENT(S): --------------- 1. STATE OF KERALA,REP BY CHIEF SECRETARY SECRETARIAT,THIRUVANANTHAPURAM. 2. REGISTRAR,CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM 3. THE PRESIDENT, VILLIAPPALLY PANCHAYATH SERVICE CO-OPERATIVE BANK LTD NO.D 2342, VILLIAPPALLY PO,KOZHIKODE DISTRICT. ADV. SRI.CIBI THOMAS FOR R3 GOVERNMENT PLEADER SMT. N. SUDHA DEVI FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 21059/2007 ------------------------------------------------------------------- EXT.P1 TRUE COPY OF RESOLUTION DT. 29-7-2005. EXT.P2 COVERING LETTER SENT BY R3. EXT.P3 ORDER DT. 22-3-2006. EXT.P4 APPEAL PETITION DT. 3-8-2006 EXT.P5 ORDER DT. 25-4-2007. EXT.P6 JUDGMENT IN O.P.NO. 9565/1992. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21059 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th December, 2009. J U D G M E N T The petitioner entered the service of the Villiappally Service Co-operative Bank Ltd., on 9-8-1972. The petitioner did not possess SSLC qualification. He failed in the SSLC examination. By enjoying exemption from qualification, he got promotion as Junior Clerk, Senior Clerk etc., up to Accountant. From 1999 onwards, he is working as Accountant/Manager in charge. When a vacancy of Branch Manager arose, the Bank decided to give the petitioner promotion exempting him from qualification prescribed and sought approval for such promotion from the Joint Registrar of Co-operative Societies, who, by Ext. P3 order, rejected the request for approval of exemption from qualification on the ground that for granting exemption from the qualification of SSLC and JDC, the Registrar of Co-operative Societies does not have power under Rule 185(8) of the Kerala Co-operative Societies Rules. The petitioner challenged the same in appeal before the Government, who passed Ext. P5 order dismissing the appeal. The petitioner is challenging Exts.P3 and P5. 2. The petitioner raises two grounds. The first is that since the petitioner had entered service prior to 1-1-1974, the petitioner is entitled to the benefit of Rule 200 of the Kerala Co-operative Societies Rules. Therefore, even without relaxation in qualification, the petitioner is entitled to promotion, is the contention raised. The second is that the petitioner had 30 years of meritorious service and therefore the petitioner is entitled to relaxation in qualification in exercise of powers under Rule 185(8) of the Rules. 3. A counter affidavit has been filed on behalf of the 2nd respondent controverting the averments in the writ petition. It is submitted therein that the petitioner had already availed of exemption from qualification for promotion up to Accountant and to a W.P.C. No. 21059/09 -: 2 :- post like Branch Manager of Co-operative Bank in the present day advanced set up of Co-operative Banking system, it is not desirable to have persons who do not even pass SSLC or JDC to be promoted as Branch Managers. 4. I have considered the rival contentions in detail. 5. As far as the first contention is concerned, for becoming eligible for the benefit of Rule 200, the petitioner should show that he has the qualifications, which were in vogue for promotion to the post of Branch Manager prior to 1-1-1974. There is absolutely no such contention anywhere in the writ petition. In fact, if the petitioner was entitled to the benefit of Rule 200, it was not necessary to apply for approval of exemption at all, because if the petitioner comes within the ambit of Rule 200, the petitioner was automatically entitled to promotion notwithstanding the absence of the qualifications as presently prescribed in Rule 185 of the Rules. The petitioner does not even contend that the petitioner is in possession of the qualifications which were in vogue prior to 1-1-1974 for promotion to the post of Branch Manager. In fact, even prior to 1-1-1974, a pass in SSLC and JDC were the essential qualifications for promotion to the post of Branch Manager. In the year 1988, qualifications were amended making graduation as an essential qualification for promotion to the post of Branch Manager. Although the petitioner relies on Ext. P6 judgment of this Court in O.P.No. 9565/1992, I do not think that the facts of that case are comparable to the facts of the petitioner's case. There, the person did possess the qualifications of SSLC and JDC and he did not have the qualification of graduation only. That is why this Court held that the petitioner in that original petition is entitled to the benefit of Rule 200. Here, insofar as the petitioner has no case that he does possess the qualifications existing prior to 1-1-1974, he W.P.C. No. 21059/09 -: 3 :- cannot claim the benefit of Rule 2000. 6. As far as the claim for relaxation is concerned, I also do not consider that the petitioner is entitled to relaxation in qualifications. Power to relax qualifications has to be exercised very sparingly in cases of exceptional merit or in unavoidable circumstances causing great hardship to the society, or where it is extremely difficult to fond persons having the prescribed qualifications. None of those situations are either pleaded or proved in this case. From the cases coming up before me, I find that Co-operative Societies and the Departmental Officials treat the question of exemption from qualification as a matter of course and the exemption itself is being considered as the Rule which has to be strongly deprecated. Higher qualifications are prescribed for more efficient and professional management of Co- operative Societies and if exemption is granted liberally, the same would be counter-productive, especially since the present day situation in co-operative societies in Kerala is not exactly one inspiring confidence in the co-operative movement. In fact, from Ext. P5 order, I find that the Government has taken into account the fact that others who do possess the prescribed qualifications are available in the society for such promotion. If a person does not possess at least SSLC and JDC, I do not think that he is fit for holding the post of Branch Manager in a present day Co-operative Bank. The petitioner has also not been able to satisfy me that he is a person having such merit as to be promoted exempting him from the prescribed qualifications. Therefore, the petitioner is not entitled to W.P.C. No. 21059/09 -: 4 :- the reliefs prayed for in this writ petition and accordingly the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/