IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 36269 of 2007(P) -------------------------------------- PETITIONER: ------------------ SHYAM P.G., PARAKKADIVASAM, MUTHUPEZHUMKAL P.O., MLANTHADAM PIN 689 698. BY ADV. SRI.PHILIP M.VARUGHESE SRI.V.SETHUNATH RESPONDENTS: ---------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. KERALA STATE CO-OPERATIVE UNION, REPRESENTED BY ITS SECRETARY/ ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, OOTTUKUZHY, THIRUVANANTHAPURAM. 3. THE CHAIRMAN, KERALA STATE CO-OPERATIVE UNION, OOTTUKUZHY, THIRUVANANTHAPURAM. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R1 & R4 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN R2 & R3 BY ADV. SRI.MOHAMMED NIAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.36269 of 2007 ================================== Dated this the 31st day of March, 2008. JUDGMENT Petitioner responded to Ext.P3 advertisement and applied for being considered for appointment as L.D.Clerk in the second respondent Kerala State Co-operative Union, which is constituted under Section 59 of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the “Act”. 2. According to the petitioner, the regulations framed by the second respondent prescribe degree with HDC/JDC as the qualification for being considered for appointment as clerk, however that, in terms of Rule 186 of the Kerala Co-operative Societies Rules, 1969, hereinafter referred to WPC36269/2007 -:2:- as the “Rules”, the qualification prescribed for such a post includes a degree in Commerce with Co-operation as a special subject. According to the petitioner, though he does not possess JDC or HDC, possession of B.Com. with Co-operation is sufficient qualification in terms of Rule 186(1)(i) of the Rules and therefore the State Co-operative Union is obliged in law to consider the petitioner as also a qualifying candidate. Rule 186 falls in Chapter XV of the Rules. That Chapter applies to Co-operative Societies. The State Co- operative Union constituted by the Government as per a notification issued under Section 89 of the Act is not a co-operative society and is not governed by the Rules contained in Chapter XV of the Rules, for the simple reason that the State Co-operative Union is not a co-operative WPC36269/2007 -:3:- society. It is therefore that the State Co- operative Union has framed its own rules and regulations including the prescription as to qualification for entry into the service of the State Co-operative Union. This having been done by fixing HDC/JDC with graduation as the qualification, it is not open to the petitioner to challenge the impugned notification and selection merely on a ground referable to Rule 186 of the Rules. There is no statutory obligation on the State Co-operative Union to mould its rules in tune with Rule 186 of the Rules. For the aforesaid reasons, the petitioner does not have the necessary qualification to apply for being considered for appointment as clerk in the second respondent Co-operative Union. WPC36269/2007 -:4:- With the aforesaid finding, the further allegation of the petitioner that the impugned notification has been issued without identifying the total number of vacancies available for SC/ST and prescribing separate applications for them does not deserve any consideration. The writ petition fails. It is accordingly dismissed. Thottathil B.Radhakrishnan, Judge. sl. 1-4-2008