IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 18606 of 2010(A) ---------------------------------- PETITIONER(S): ------------------- 1. THE AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD.NO.494, AYYANTHOLE, REPRESENTED BY ITS PRESIDENT, V.SANKUNNY NAIR, VILAKKAPPILLY HOUSE, AYYANTHOLE P.O., THRISSUR-3. 2. T.L.KAMEELA, SECRETARY IN CHARGE, AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD.NO.494, AYYANTHOLE, THRISSUR. BY ADVS. SRI.N.P.SAMUEL SRI.B.K.PURUSHOTHAMAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., CORPORATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL LINES, AYYANTHOLE, THRISSUR. R1-3 BY GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 18606/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REQUEST NO.L.907 DATED 28/11/2007 SUBMITTED BY 1ST PETITIONER BEFORE R2. P2: COPY OF ORDER NO.EM(3)33654/2008 DATED 03/08/09 ISSUED BY R2. P3: COPY OF APPEAL PETITION FILED BY 1ST PETITIONER BANK BEFORE R1 DATED 30/09/2009. P4: COPY OF ORDER NO.12734/C2/09/CO-OP. DATED 20/10/2009 ISSUED BY R1. P5: COPY OF JUDGMENT IN WPC.NO.35436/2009 DATED 16/12/2009 OF THIS HON'BLE COURT. P6: COPY ORDER NO.G.O.(Rt)NO.266/2010/CO-OP. DATED 31/03/2010 ISSUED BY R1. P7: COPY OF APPROVED FEEDER CATEGORY SUB RULES OF THE 1ST PETITIONER BANK. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.18606 of 2010 ----------------------------------------- Dated this the 16th March, 2011 JUDGMENT The first petitioner is a co-operative society registered under the Kerala Co-operative Societies Act. The second petitioner is an employee of the said society. In this writ petition the petitioners challenge Ext.P2 order passed by the Registrar of Co-operative Societies declining to grant exemption to the second petitioner from possessing a University degree for the purpose of promotion to the category of Secretary and Ext.P6 order passed by the Government rejecting the appeal filed by the first petitioner from Ext.P2. The brief facts of the case are as follows. 2. The second petitioner entered service as Junior Clerk in the first petitioner society on 1.11.1975. She was promoted as Senior Clerk with effect from 1.1.1980, as Chief Accountant on 1.7.1985 and as Assistant Secretary on 1.12.1985. When the Secretary in office retired on 30.4.2009 she was given charge of the Secretary. The first petitioner society is a Class I society since 1983. When the feeder category rules were approved, the post of W.P(C).No.18606 of 2010 -:2:- Assistant Secretary and Manager alone were sanctioned instead of the posts of Assistant Secretary, Chief Cashier, Chief Accountant and Manager as requested by the society in its application dated 30.9.1984. After the petitioner was given charge of the Secretary, the first petitioner society submitted an application to the Registrar of Co-operative Societies under rule 185(8) of the Kerala Co-operative Societies Rules for an order exempting the second petitioner from possessing graduation as a qualification. By Ext.P2 order passed on 3.8.2009 the Registrar of Co-operative Societies rejected the said request. Aggrieved thereby the first petitioner society filed Ext.P3 appeal before the Government. The said appeal was initially rejected on the ground that it was belatedly filed and the decision communicated to the petitioner by Ext.P4 letter dated 20.10.2009. Aggrieved thereby the first petitioner society filed W.P.(C)No.35436 of 2009 in this Court. By Ext.P5 judgment delivered on 16.12.2009 this Court quashed Ext.P4 and directed the Government to consider Ext.P3 appeal and pass orders thereon on the merits. The Government thereafter passed Ext.P6 order rejecting the appeal. Hence this writ petition challenging Exts.P2 and P6 orders. 3. I heard Sri.B.K.Purushothaman, learned counsel W.P(C).No.18606 of 2010 -:3:- appearing for the petitioners and Sri.P.M.Manoj, learned Government Pleader appearing for the respondents. I have also gone through the pleadings and the materials on record. Rule 185(8) of the Kerala Co-operative Societies Rules empowers the Registrar of Co-operative Societies to relax the qualification other than the basic qualification and pass in the competitive examination specified in sub-rule (5) thereof. Rule 185(8) reads as follows:- “(8) It shall be competent for the Registrar of Co-operative Societies to relax the qualification, other than basic qualification and pass in the competitive examination specified in sub-rule (5), of an employee, for the purpose of promotion in deserving cases, on the request of a society by passing a resolution subject to the following conditions:- a) Minimum educational qualification for ministerial and supervisory posts other than those requiring technical qualification shall be SSLC. Exemption from passing SSLC shall not be granted under any circumstances provided that in the case of employees who were appointed direct to the ministerial posts before 1.1.1974 SSLC need not be insisted. b) Where the academic qualification prescribed is graduation and above, exemption W.P(C).No.18606 of 2010 -:4:- from acquiring the said qualification may be considered if the incumbent satisfied the following conditions, namely:- i) should have passed JDC or equivalent; ii) should have a minimum service of five years in the feeder category; and iii) should not be less than forty-five years of age. c) Employees of the sub-staff category shall not be exempted in any case from Co- operative training qualification for promotion to the clerical category. d) The resolution of the Board of Directors of the society should indicate clearly the reasons justifying exemption and a history of service of the incumbent with details of punishment awarded and results of the performance appraisal. e) The incumbent should not have been punished by imposing any of the following penalties within a period of five years prior to the date of resolution: i) Withholding of increments with cumulative effects; ii) Withholding of promotion. iii) Recovery from the pay of the whole or part of any pecuniary loss caused to the society, by negligence or breach of orders or otherwise. iv) Reduction to a lower rank. W.P(C).No.18606 of 2010 -:5:- f) The Board of Directors shall verify and satisfy themselves about the competency of the incumbent to the post to which he is promoted. g) Exemption from qualifications other than Co-operative Training qualification should be obtained at the time of each promotion to each cadre which means ministerial cadre, supervisory cadre and chief executive.” Going by the said rule the three conditions which are required to be satisfied in order to enable the Registrar of Co-operative Societies to relax the qualifications other than the basic qualification and a pass in the competitive examinations are: (1) that the incumbent seeking exemption from passing the academic qualification of graduation and above should have passed JDC or equivalent; (2) should have a minimum service of five years in the feeder category; and (3) should not be less than forty-five years of age. It is also stipulated that there should not be a qualified graduate who has completed 20 years of service in the concerned society. The respondents have no case that the second petitioner does not satisfy the said requirements. In any event, no such case is set out either in the impugned orders or in the counter affidavit. It is also not in dispute that the petitioner's predecessor was also granted a similar exemption and retired W.P(C).No.18606 of 2010 -:6:- from service on 30.4.2009. It was in that vacancy that the petitioner was put in charge. Apart from stating that the petitioner's appointment as Chief Accountant with effect from 1.7.1985 is not in order, neither the Registrar nor the Government have given any reason as to why the second petitioner is not eligible for the grant of the exemption applied for. The second petitioner was admittedly the Assistant Secretary of the first petitioner society from 1.12.1985 onwards. Her appointment as Assistant Secretary has not so far been questioned by the respondents. As per the Feeder Category Rules approved by the Joint Registrar of Co-operative Societies, a copy of which is on record as Ext.P7, the feeder categories for promotion to the category of Secretary are Assistant Secretary and Manager. Therefore, the second petitioner, being the Assistant Secretary of the second respondent society since 1.12.1985, was entitled to be promoted to the category of Secretary. Apart from stating that the order of the Registrar of Co-operative Societies does not merit interference, the Government have not given any reason in Ext.P6 to repel the challenge to Ext.P2. In such circumstances it has to be necessarily held that the impugned orders cannot be sustained. W.P(C).No.18606 of 2010 -:7:- I accordingly allow the writ petition, quash Exts.P2 and P6 and direct the Registrar of Co-operative Societies to reconsider the application submitted by the petitioners under rule 185 (8)(b) and pass appropriate orders thereon expeditiously and in any event within one month from the date on which the petitioners produce a certified copy of this judgment before him. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.18606 of 2010 ---------------------------- JUDGMENT 16th March, 2011