IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 10490 of 2008(W) ----------------------------------------- PETITIONER: --------------------- ABOOBACKER VARODAN, MEMBER NO.3687, KUMARAMPUTHUR SERVICE CO-OP: BANK P.373, VARODAN HOUSE, PAYYANDAM P.O., MANNARKKAD, PALAKKAD. BY ADV. SRI.P.V.SURENDRANATH RESPONDENTS: -------------------------- 1. KUMARAMPUTHUR SERVICE CO-OP: BANK LTD. NO.P.373, REPRESENTED BY ITS SECRETARY, KUMARAMPUTHUR, MES KALLADI COLLEGE P.O. 2. BOARD OF DIRECTORS, KUMARAMPUTHUR SERVICE CO-OP: BANK LTD. NO.P.373 REPRESENTED BY ITS PRESIDENT GOPINANTHAN NAVAYATH. 3. HABEEBULLAH S.R., DIRECTOR, KUMARAMPUTHUR SERVICE CO-OP: BANK LTD.NO.373 S/O.RAYINKUTTY, SRAMBICKAL HOUSE, PALLIKUNNU P.O. 4. JOINT REGISTRAR OF CO-OP.SOCIETIES PALAKKAD. 5. GIRIJA K., KOTTAKURUSI HOUSE, MANGOT P.O., PALAKKAD. 6. SHIBU P., PACHEER HOUSE KACHERIPARAMBA P.O., PALAKKAD. 7. SUGANTHI N., PALAKKAL HOUSE, ARAKUSUSSI, PALAKKAD. Kss ..2/- ...2.... WPC.NO.10490/2008 W 8. LATHA.K., ULLASAM, SIVAKUNNU, PALAKKAD. 9. RAMACHANDRAN.C., VETANI KUNNE HOUSE, CHANGILERI P.O. PALAKKAD. *ADDL.R10 IS IMPLEADED: R10. RAVEENDRAN M., S/O.VELU, MALAYIL HOUSE, PAYYANEDAM, MANNARGHAT. (*ADDL.R10 IS IMPLEADED AS PER ORDER DTD. 11/04/2008 IN I.A.NO.5209/08) BY ADV. SRI.V.M.KURIAN - R1,2 SRI.MATHEW B. KURIAN - R1,2 SRI.K.T.THOMAS - R1,2 SRI.DEVIDAS.U.K - R3 BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN – R4 BY ADV. SRI.ELVIN PETER P.J. - ADDL.R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2008 ALONG WITH WPC NO. 12293 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10490/2008 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RANK LIST PUBLISHED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE NOTICE OF THE MEETING. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE JOINT REGISTRAR ON 25/03/2008. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE TENTATIVE BALANCE SHEET AS ON 31/12/2007. EXT.R1(B): COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DTD. 28/03/1996 TOGETHER WITH FEEDER CATEGORY RULES. EXT.R1(C): COPY OF THE LIST OF VACANCIES AS ON 22/08/2006. EXT.R1(D): COPY OF THE PROCEEDINGS DTD. 29/11/2007 OF THE EXAMINATION BOARD SENT TO THIS RESPONDENT. EXT.R1(E): COPY OF THE INTERVIEW CARD DTD. 15/12/2007 SENT TO THE CANDIDATES. EXT.R1(F): COPY OF THE PROCEEDINGS OF THE EXAMINATION BOARD DTD. 29/02/2008. EXT.R1(G): COPY OF THE RESOLUTION NO.12 DTD. 12/04/2006. EXT.R1(H): COPY OF THE REQUEST DTD. 27/04/2006 SUBMITTED BEFORE THE EXAMINATION BOARD BY THE SOCIETY. EXT.R1(I): COPY OF THE CERTIFICATE DTD. 20/07/2004 ISSUED BY THE STATE CO-OPERATIVE UNION TO M.MANOJ. EXT.R1(J): COPY OF THE CERTIFICATE DTD. 20/07/2004 CERTIFICATE ISSUED BY THE STATE CO-OPERATIVE UNION TO K.USHA. EXT.R1(K): COPY OF THE PROCEEDINGS DTD. 17/05/2008 PROMOTING M.MANOJ. EXT.R1(L): COPY OF THE PROCEEDINGS DTD. 17/05/2008 PROMOTING K.USHA. /TRUE COPY/ P.A. TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.10490 & 12293 OF 2008 ------------------------------------------- Dated this the 2nd day of June, 2008 JUDGMENT Heard learned counsel for the petitioners, learned counsel for the Bank as also learned Government Pleader as also. 2. The first respondent Bank issued an advertisement calling for applications for selection and appointment of junior clerks to its service. Applications were received, processed and written test was conducted by the Co-operative Examination Board. The committee of the society conducted the interview and the Examination Board has published the list of selected candidates. 3. The petitioner in W.P(C).10490/08, a member of the society, challenges the selection on the ground that direct recruitment has been resorted to for the recruitment only because of corruption and nepotism. It is pleaded that the vacancies ought to have been filled up by promotion of qualified hands already available in the feeder category and that on WPC.10490/08 & 12293/08 Page numbers taking recourse to that procedure, there could not be any direct recruitment. 4. The Bank is on record taking the stand that as on the date of occurrence of vacancy and on the date of the requisition of the Examination Board to conduct the test, there was no employee available in its service who was entitled to be considered for promotion. It is also pointed out that two, who were later qualified, have been promoted. The third respondent in W.P(C). 10490/08, a member of the Board, essentially supports the writ petition by taking the stand that the decisions to conduct selection and appointment are made in a meeting which was not duly notified in accordance with law. The impleaded additional 10th respondent is one of the selected candidates aspiring for appointment. 5. The date of occurrence of vacancy, availability of personnel in the service eligible for promotion and other attendant matters are sought to be put for consideration on the basis of the date occurrence and materials available with the society. WPC.10490/08 & 12293/08 Page numbers 6. Having regard to the nature of the contentions and materials, this is a fit case where the matter could first gain the attention of the 4th respondent Joint Registrar in exercise of supervisory statutory power referable to Section 66 of the KCS Act. 7. The petitioner in W.P(C).12293/08 is a candidate who applied for and was considered for appointment by direct recruitment, but going by the records, obtained zero marks for the interview and claims to have obtained the highest mark in the written test. Though the issue raised by her is as to whether it was legally permissible for the Interview Board to confine the marks for interview to be zero, learned counsel for the society points out that it disputes the averment of the petitioner that she obtained the highest mark for the written test. This is also an issue which is intricately connected with the question as to the selection and appointment, which would be looked into by the Joint Registrar in so far as W.P(C).10490/08 is concerned, following this judgment. WPC.10490/08 & 12293/08 Page numbers In the result, these writ petitions are disposed of directing the Joint Registrar, third respondent in W.P(C).10490/08 to look into all questions incidental to the selection and appointment, including the availability of any employee in the service eligible for promotion as on the relevant dates and as to whether the persons in the select list could be appointed in terms of the law. Let the needful be done after affording the parties to these writ petitions opportunity of being heard, within a period of 45 days from the date of receipt of a copy of this judgment. The parties are directed to appear before the Joint Registrar of Co-operative Societies, Palghat on 17.6.2008. It would be sufficient that the Joint Registrar hears those parties so appearing, either by themselves or through their duly authorised representatives. Until a decision as aforesaid is taken, the interim order governing the parties in these cases will continue. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.