IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2866 of 2008(N) ------------------------- PETITIONER: ------------ P.ANITHAKUMARI ACCOUNTANT CALICUT NORTH SERVICE CO-OPERATIVE BANK LTD P.O. KARUVASSERY KOZHIKODE, PIN 673 010 BY ADV. SRI.P.N.MOHANAN RESPONDENTS: ------------- 1. GOVERNMENT OF KERALA REP. BY SECRETARY TO GOVERNMENT CO-OPERATIVE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CALICUT 3. CALICUT NORTH SERVICE CO-OPERATIVE BANK LTD.NO. LL 37, P.O.KARUVASSERY KOZHIKODE, PIN 673 010 REP. BY ITS SECRETARY. 4. M.SUMATHI, ACCOUNTANT CALICUT NORTH SERVICE CO-OPERATIVE BANK LTD P.O.KARUVASSERY, KOZHIKODE PIN 673 010 BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL.B.RADHAKRISHNAN, J. --------------------------------- W.P(c)No.2866 OF 2008 ------------------------------------ Dated this the 24th day of January, 2008 JUDGMENT Having heard the learned counsel for the petitioner, I am not persuaded to act on any of the proceedings shown on record, either as orders of the Government or as decisions of the Registrar. However Ext.P1 request of the society is stated to have been placed before the appropriate authority. In Ext.P5 judgment I have clearly held that while the power to grant relaxation may be with the Registrar, the power of exemption is with the Government and that the power of exemption can be exercised only in favour of the institution as a whole. The power of relaxation from qualification is to be considered on individual basis, subject to satisfaction of the conditions imposed by the legislature. In the aforesaid circumstances, without expressing anything on merits as regards the request in Ext.P1, this writ petition is disposed of directing that the competent authority will take up Ext.P1 and render a decision thereon in accordance with WPC.No.12866/08 2 law. The employer society and the petitioner, if she desires will be given an opportunity of pre-decisional hearing in the matter. All other questions are left open. Any dispute between the petitioner and the fourth respondent relating to promotion is a matter that would fall for arbitration. Hence no directions are issued herein regarding that. THOTTATHIL.B.RADHAKRISHNAN JUDGE sv.