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. 17565 of 2011(U) -------------------------- PETITIONER: --------------- MOHANDHAS.A.K, S/O.A.C.KUTTAN, AGED 52 YEARS, SENIOR CLERK GRADE I, IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD.NO.55, IRINJALAKUDA THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PUBLIC SERVICE COMMISSION OFFICE, PATTOM PALACE-695 004, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, DISTRICT OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, THRISSUR DISTRICT-680 001. BY GOVT. PLEADER SRI.S.ABDUL SALAM SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 17565/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE M.B.A. CERTIFICATE EXT.P2 : COPY OF THE GAZETTE NOTIFICATION EXT.P3 : COPY OF THE LETTER OF THE 3RD RESPONDENT EXT.P4 : COPY OF THE EXPERIENCE CERTIFICATE EXT.P5 : COPY OF THE LETTER OF THE 3RD RESPONDENT EXT.P6 : COPY OF THE DECISION REPORTED IN 2002 (3) KLT 405 EXT.P7 : COPY OF THE INTERVIEW PROGRAMME OF THE 2ND RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 17565 OF 2011 -------------------------- Dated this the 29th day of June, 2011 J U D G M E N T The petitioner who is working as a Senior Clerk in the Irinjalakuda Town Co-operative Bank Ltd. No.55 has filed this writ petition challenging Ext.P5 memo dated 18.6.2011 issued by the third respondent to the effect that the application submitted by the petitioner for appointment to the post of Deputy General Manager in Thrissur District Co-operative Bank stands rejected as he is not qualified for the post. The main contention raised by the petitioner is that the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as 'the Rules' for short) does not insist on experience in Managerial/Supervisory capacity for appointment to the post of Deputy General Manager from among employees of affiliated societies and therefore the decision taken by the Kerala Public Service Commission is liable to be invalidated. The petitioner places reliance on the decision of a learned Single Judge of this Court in Abdul Rasheed v. Kerala Public Service Commission (2002 (3) KLT 405), a copy of which is produced as Ext.P6, in support of the said contention. 2. The petitioner applied pursuant to Ext.P2 notification issued by the Kerala Public Service Commission. The qualification set out in Ext.P2 for the post of Deputy General Manager are as follows: WPC No.17565/2011 2 Qualifications : 1) Masters Degree in Business Administration or any other equivalent Qualification recognized by the Universities in the State. OR Membership of the Institute of Chartered Accountants of India. 2) Experience of not less than three years in Managerial/ Supervisory Cadre in Co-operative Institutions/Scheduled Banks/Government/Quasi Government Institutions/ Public Limited Companies. (The experience prescribed as qualification shall be one gained by the candidate after acquiring the basic qualifications prescribed for the post and should be received before the last date fixed for the receipt of application). (emphasis supplied) 3. Rule 186 (1B) of the Rules relates to the post in question. A reading of Ext.P2 notification and rule 186(1B) of the Rules indicates that the qualification for direct recruitment for the post Deputy General Manager is a Masters Degree in Business Administration or any other equivalent qualification recognised by the Universities in the State or Membership of the Institute of Chartered Accountants of India with experience of not less than 3 years in Managerial/Supervisory cadre in Co-operative Institutions/Scheduled Banks/Government/Quasi Government Institutions/ Public Limited Companies. The contention of the petitioner is that there is no such stipulation in the Rules. In Ext.P6 judgment relied on by the petitioner this Court was considering the experience qualification stipulated WPC No.17565/2011 3 in rule 187 of the Rules and not in rule 186(1B) of the Rules. Even on the petitioner's own showing it is evident that he does not possess the managerial or supervisory experience though he has possesses the educational qualification namely MBA degree from the University of Calicut. I am therefore of the considered opinion that the stand taken by the third respondent in Ext.P5 memo cannot be faulted. The petitioner who does not admittedly have managerial or supervisory experience for the minimum period of three years cannot therefore successfully challenge Ext.P5 memo. I accordingly hold that there is not merit in the writ petition. The writ petition fails and is dismissed. P.N.RAVINDRAN, (JUDGE) vps