IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 OP.No. 30790 of 1999(M) ---------------------------------- PETITIONER(S): ---------------------- KANJIRAMATTOM SERVICE CO-OPERATIVE BANK LTD. NO.1109, KANJIRAMATTOM P.O., CHENGALAM, KOTTAYAM DISTRICT- REPRESENTED BY ITS SECRETARY. BY ADV. MR.P.C.SASIDHARAN RESPONDENT(S): ------------------------- 1. THE REGISTRAR OF C-OPERATIVE SOCIETIES, TRIVANDRUM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 3. THE STATE OF KERLA- REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN FOR R1 TO R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 30790/1999-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.CRP.1/8203/98/K.DIS. DATED 01/01/1999 OF THE JOINT REGISTRAR. EXT.P2: COPY OF THE NOTIFICATION PUBLISHED IN DESABBHIMANI DAILY DATED 24/02/1999. EXT.P3: COPY OF THE NOTIFICATION PUBLISHED IN DEEPIKA DAILY DATED 24/02/1999. EXT.P4: COPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR DATED 30/03/1999. EXT.P5: COPY OF THE JUDGMENT IN O.P. NO. 9505/99 DATED 08/04/99 OF THIS HONOURABLE COURT. EXT.P6: COPY OF THE ORDER OF THE JOINT REGISTRAR DATED 02/06/1999. EXT.P7: COPY OF THE CIRCULAR ISSUED BY THE RGISTRAR AS CIRCULAR NO.18/99. EXT.P8: COPY OF THE ORDER OF THE DIVISION BENCH OF THIS HONOURABLE COURT IN W.A. NO.1430/99 DATED 21/07/1999. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 30790 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd March, 2009. J U D G M E N T The petitioner is a Co-operative Society registered under the Kerala Co-operative Societies Act. They wanted to make appointments to certain posts, which became vacant or available in the Bank for recruitment. The managing committee of the Bank invited applications for appointment to two posts, one of attender/salesman and another of peon/watchman. The managing committee appointed an outside agency for conduct of the written test. The written test was scheduled to be held on 3-5-1999. On 30-3- 1999, the Joint Registrar of Co-operative Societies passed Ext. P4 order directing the Bank not to proceed with the selection pending consideration of some complaints received by him. The petitioner challenged the same in O.P.No. 9505. This Court, by judgment dated 8-4-1999, directed the Joint Registrar to pass final orders in the matter after hearing all parties concerned. Pursuant thereto, Ext. P6 order has been passed rejecting the complaints against the selection but directing the Bank to make appointments strictly in accordance with Circular 18/1999. That circular is produced as Ext. P7. The petitioner is challenging Ext. P6 order directing conduct of the selection procedure following circular 18/1999. 2. According to the petitioner, the selection process was initiated prior to the said circular and only because of the orders of the Joint Registrar staying the selection procedure that it got delayed. The petitioner would further contend that in Ext. P8 order of the Division Bench in W.A.No. 1430/1999 similar other societies were permitted to proceed with selection and make appointments to the vacancies notified before the judgment in O.P.No. 813/1999 which was the basis for circular 18/99. The petitioner therefore seeks the following reliefs: O.P.. No. 30790/99 -: 2 :- “(i) To issue a writ of certiorari or appropriate order or direction quashing Ext. P6 in so far as it direct the petitioner Society to follow circular No. 18/99 in the matter of filling up the posts notified for selection as per Exts.P2 and P3; (ii) to issue a writ of certiorari, appropriate order or direction quashing Circular No. 18/99 in so far as it direct the Society to fill up the vacancies by conducting the written test by agencies like Institute of Management in Government or other recognised Governmental agencies; (iii) to declare that the petitioner society is entitled to complete the selection process and make appointment to the vacancies notified on 24.2.99 as per the then existing procedure and Rules; (iv) to issue a writ of mandamus, appropriate order or direction permitting the petitioner society to proceed with the selection process and make appointments pursuant to Exts.P2 and P3 notification.” 3. At the time of admission, in view of Ext. P8 order of the Division Bench, this Court has passed an interim direction permitting the petitioner society to proceed with the selection and appointment of persons as per the procedure prescribed in Circular No. 18/99 subject to the result of the original petition. As such, the selection process would have been over long back. Nobody has filed any complaints, at least in this original petition, against that selection. In the above circumstances, I do not think that any further proceedings are necessary in the original petition. The appointments made pursuant to the selection procedure conducted as per the interim order is declared to be valid and proper and the original petition is closed with the said declaration. Sd/- S. Siri Jagan, Judge. Tds/