IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 6566 of 2011(U) ------------------------- PETITIONER(S): --------------- ANITHA GEORGE, ANITHA BHAVAN, EZHAMKULAM, PATHANAMTHITTA. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------- 1. NEDUMON SERVICE CO-OPERATIVE BANK, LTD.NO.2720, REPRESENTED BY ITS PRESIDENT, NEDUMON.P.O. 691 556, PATHANAMTHITTA. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PATHANAMTHITTA, 691 001. BY ADV. SRI.ALIAS M.CHERIAN FOR R1 BY GOVT. PLEADER SRI.P.M.MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.6566 of 2011 EXT.P1 A TRUE COPY OF THE ORDER DATED 28.6.2010 EXT.P2 A TRUE COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 6.8.2010 EXT.P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL BOARD. EXT.P4 A TRUE COPY OF THE CALL LETTER DATED 19.2.2011 EXT.P5 A TRUE COPY OF THE CIRCULAR 18/91 DATED 7.6.91 EXT.P6 A TRUE COPY OF THE JUDGMENT DATED 13.1.2010 IN W.P.(C) NO.19594/09 EXT.P7 A TRUE COPY OF THE CIRCULAR NO.12/90 DATED 22.3.90. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.6566 OF 2011 ------------------------------- Dated this the 29th day of June, 2011 J U D G M E N T By Ext.P2 notification dated 4.8.2010 published in the Malayala Manorama Daily dated 6.8.2010, the Secretary of the first respondent society invited applications from eligible persons for appointment to the category of Peon in the first respondent society. The number of vacancies notified was 3. The petitioner applied and was called to appear for the written test and interview to be held on 6.3.2011. The instant writ petition was filed on 1.3.2011 contending that by virtue of the amendment to sub-section (5) of section 80 of the Kerala Co-operative Societies Act, which came into force with effect from 28.4.2010, as the sanctioned strength of employees in the first respondent society is 22, the society was bound to reserve at least one post for persons with physical disability and that having not been done, the notification is liable to be set aside. It is contended that the petitioner is a person with physical disability and is entitled to be appointed in that vacancy. Yet another contention raised is that the written test is being conducted by a private individual and not an outside agency and therefore the entire selection process is vitiated. 2. The first respondent has filed a counter affidavit dated 23.5.2011. In paragraph 4 and 5 thereof, it is stated that the W.P.(C) No.6566 of 2011 2 amendment introduced to sub-section (5) of section 80 of the Kerala Co-operative Societies Act with effect from 28.4.2010 escaped the attention of the bank and therefore one vacancy was not reserved for persons with physical disability when Ext.P2 notification was issued. It is also stated that the Bank has therefore decided to cancel Ext.P2 notification and to issue a fresh notification in accordance with law. As regards the written test, the first respondent has not denied the averment of the petitioner that it was not entrusted to an outside agency. In the light of the stand now taken by the first respondent in the counter affidavit that the first respondent will cancel Ext.P2 notification and issue a fresh notification, the petitioner cannot have any subsisting grievance. I accordingly dispose of the writ petition recording the undertaking given on behalf of the first respondent that the first respondent will cancel Ext.P2 notification and issue a fresh notification in accordance with law. P.N. RAVINDRAN, JUDGE. nj.