IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 OP.No. 14095 of 2003(C) ----------------------------------- PETITIONER(S): ----------------------- 1. B.SURESH KUMAR, PEON, THE CO-OPERATIVE URBAN BANK LTD., KOTTARAKKARA. 2. R.RAJALEKSHMY, PEON, THE CO-OPERATIVE URBAN BANK LTD., KOTTARAKKARA. 3. G.REMADEVI, PEON, THE CO-OPERATIVE URBAN BANK LTD., KOTTARAKKARA. 4. D.MINI, PEON, THE CO-OPERATIVE URBAN BANK LTD., KOTTARAKKARA. 5. I.B.PRASANTH, PEON, THE CO-OPERATIVE URBAN BANK LTD., KOTTARAKKARA. 6. E.R.JAYASREE, PEON, THE CO-OPERATIVE URBAN BANK LTD., KOTTARAKKARA. 7. D.SASIKALA, PEON, THE CO-OPERATIVE URBAN BANK LTD., KOTTARAKKARA. 8. R.AJIKUMAR, PEON, THE CO-OPERATIVE URBAN BANK LTD., KOTTARAKKARA. BY ADV. SRI.P.K.VIJAYAMOHANAN OP. NO.14095/2003 RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM. 3. THE CO-OPERATIVE URBAN BANK LTD., KOTTARAKKARA, REPRESENTED BY THE SECRETARY, KOTTARAKKARA, KOLLAM. *ADDL. R4 & R5 ARE IMPLEADED 4. SRI.K.G.SURESH BABU, ''SURESH BHAAN,'' KAREEPRA, KUZHIMATHIKKAD P.O., PIN 691 509, KOLLAM DISTRICT. 5. SRI.BABU RAJENDRA PRASAD, PARAVILA VEEDU, KALLUMALA, CHADAYAMANGALAM P.O. PIN 691534, KOLLAM DISTRICT. *ADDL. R4 & R5 ARE IMPLEADED AS PER ORDER DT. 18.1.08 IN IA. 720/08. ADV. SRI.V.M.KURIAN(JR.) SPL.GOVT.PLEADER,SRI.B.S.SWATHIKUMAR FOR R1,2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/11/2008, ALONG WITH WPC NO. 2630 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.23761/2003 IN OP. NO.14095/2003 Dismissed 10.11.2008 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER NO.469/02,03 DT. 30.7.02 ISSUED TO THE IST PETITIONER. P2:- COPY OF THE NOTICE NO.CRB.4229/02 DT. 9.8.02 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONERS. P3:- COPY OF THE EXPLANATION SUBMITTED BY THE 3RD PETITIONER. P4;- COPY OF THE SHOW CAUSE NOTICE NO.634/02 DT. 7.9.02 ISSUED TO THE IST PETITIONER. P5:- COPY OF THE ORDER NO.CRB.4229/02 DT. 29.8.02 OF THE JOINT REGISTRAR. P6:- COPY OF THE JUDGMENT DT. 10.9.02 IN OP. 25563/02. P7:- COPY OF THE APPEAL MEMORANDUM DT. 16.9.02. P8:- COPY OF THE GOVERNMENT ORDER GO(RT) 208/03/CO.OP DT. 3.4.03. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. ============================== O.P.No.14095 of 2003 and W.P.(C) No.2630 of 2005(K) ============================== Dated this the 10th day of November, 2008 J U D G M E N T W.P.(C) No.2630/2005 is filed by the Board of Directors of the Urban C-operative Bank. The petitioners in O.P.14095/2003 were selected by that bank for appointment in the category of Peon/Watchman. Two persons who applied for selection in that process moved the Joint Registrar challenging the selection. That challenge was upheld and affirmed by the Government. Hence, these writ petitions. Persons who complained before the Joint Registrar are also respondents herein. 2. The applications were invited as per notification dated 28-2- 2002. The private respondents who complained about the selection were not invited for the written test and interview. The Managing Committee approved the final select list and resolved to appoint the O.P.No.14095/2003 and W.P.(C) No.2630/2005 - 2 - selected candidates on 30-7-2007. It was only, thereafter, that the Joint Registrar acted on the complaints and called for a report of the Deputy Registrar. The fact remains that the applications of the private respondents were rejected by the bank and they were not permitted to participate in the selection process on the ground that they have not furnished caste certificate in support of their claim for being recruited as SC-ST candidates. Caste certificate has to be produced as issued by the competent authority. In terms of the regulating Government decision, it has to be obtained from the revenue authorities. Acting on the complaints, the Joint Registrar set aside the selection and appointment of all the eight candidates. The aggrieved candidates and the employer bank filed appeals. The Government decided those appeals holding that notification did not state that certificate from the revenue authorities is mandatory to prove the caste and that the applicants had enclosed the relevant page of the S.S.L.C. book to prove their caste and age. The other grounds enumerated in Exhibit P5 except as regards reference to O.P.No.14095/2003 and W.P.(C) No.2630/2005 - 3 - Section 80(4) of the Kerala Co-operative Societies Act, 1969 by itself are insufficient to have the selection set aside. Obviously, there was considerable confusion in the matter of enforcement of circular No.18/91 in the backdrop of Section 80(4) of the Kerala Co- operative Societies Act, 1969. Therefore, the action of the Joint Registrar and the Government in interfering with the appointments of the petitioners in O.P.No.14095 of 2003 is quite unjustified. In the result, these writ petitions are allowed quashing Exhibits P3 and P5 in W.P.(C) 2630 of 2005, which are Exhibits P5 and P8 in O.P.14095 OF 2003. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Skr/10/11