Co-operative Academy of Professional Education (CAPE) v. Zaheer A Jauhar and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941** **WA.No.1063 OF 2018** **JUDGMENT IN WPC 8143/2016 DATED 01-03-2018 OF HIGH COURT OF KERALA** ## **APPELLANT/2nd RESPONDENT:** **THE CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION, REPRESENTED BY THE DIRECTOR, CO BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695001.** **BY ADV. SRI.M.SASINDRAN** ## **RESPONDENT/PETITIONERS AND RESPONDENTS 1, 3 TO 45 IN WP(C):** - **1 ZAHEER A JAUHAR 24/461 B, ALISSERY WARD, ALAPPUZHA -688 004.** - **2 GAYATHRI S. KADAVATH, CLAPPANA, KARUNAGAPPALLY, KOLLAM -690 525.** - **3 PARVATHI PVINESH BHAVAN VADAKKUMBHAGOM, CHAVARA SOUTH, KOLLAM- 691 582.** - **4 SHEBINA M. KIZHAKKE KANNAVILAYIL, VADAKKUMTHALA, KARUNAGAPPALLY, KOLLAM- 690 536.** - **5 SHAMNA R. SHAMEER MANZIL, EDAVANAKONAM, VELLALLOOR P.O., KILIMANNOOR, THIRUVANANTHAPURAM- 695 601.** - **6 VIPIN K.V.,KOVVAL VEEDU, EDAYILEKAD, VALIYAPRAMBA P.O., KASARAGOD- 671 312.** W.A.Nos.1063,1188 & 2068 of 2018 2 - **7 THULASI K.C.,RAJ BHAVAN, TC 11/164, A118, KANAKA NAGAR, KAWDIAR P.O., THIRUVANANTHAPURAM -695 003.** - **8 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF CO-OPERATIVE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.** - **9 THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM- 695 001.** - **10 ANU SKARIA, NIRAPPUVILA VEEDU, CHERUPANDRA, ELIKKATTOOR P.O., PIRAVANTHOOR, KOLLAM- 689 696.** - **11 DHANYA K.C. KUNIYIL HOUSE, P.O.PONNIAM WEST, KADIRUR, KANNUR DISTRICT, PIN- 670 641.** - **12 GIRIMOLE P.S. POLLAYIL, PUNNAPRA, ALAPPUZHA DISTRICT, PIN688 004.** - **13 HARIKRISHNAN V. PUTHUMANA ILLAM, CMC 1, CHERTHALA P.O., ALAPPUZHA DISTRICT- 688 524.** - **14 INDULEKHA R.S. VADAKKETHOPPIL VEEDU, ARUVIPPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM- 695 126.** - **15 LANISHA B. ALAKKATTU, KUTTOTH POST, MEPPAYUR VIA, KOZHIKODE DISTRICT, PIN- 673 121.** - **16 LEKHA P. NAVANEETHAM, BUNGLAVIL LANE, SIVANANDAN ROAD, VENPALAVATTOM, ANAYARA P.O., THIRUVANANTHPAURAM -695 029.** W.A.Nos.1063,1188 & 2068 of 2018 3 - **17 NISHA RANI D.K.** - **PARAVILLA HOUSE, KUZHIKKATTUKONAM, POWDIKONAM P.O., THIRUVANANTHAPURAM -695 587.** - **18 PRAJEETHA S. YAKSHIKKAPARAMBU, PUNNAPRA NORTH P.O., PARAVOOR, ALAPPUZHA DISTRICT, PIN- 688 014.** - **19 PREEJA C. TC 10/851 (1), THAZHAMPOOR PUTHEN VEEDU, EDAKKULAM, MANNAMOOLA, PEROORKADA P.O., THIRUVANANTHAPURAM- 695 005.** - **20 REJINA P. SREE SAI NIVAS, P.O.CHIRAKKARA, THALASSERY, KANNUR DISTRICT, PIN - 670 104.** - **21 RESHMA C.P. SARIGA, P.O.PALAYAD, DHARMADAM, KANNUR DISTRICT, PIN- 670 661.** - **22 SUMADEVI P. CHENNANKARA THEKKATHIL, VALLIKUNNAM P.O., VALLIKUNNA, ALAPPUZHA DISTRICT, PIN- 690 501.** - **23 MANCHU MOHANAN W/O.JEEVA ANANDAN, CO-OPERATIVE ACADEMY OF PROFESSION EDUCATION, THIRUVANANTHAPURAM, RESIDING AT PADMA JYOTHI, V.H.269, P.T.P.ROAD, MARAPPALAM, PATTOM, THIRUVANANTHAPURAM - 695 004.** - **24 JERIN GODLIF V.R. S/O.VIJAYAKUMAR.M, AGED 34 YEARS, VIJAYA BHAVAN, PANTHAYIL, KADAVATTARAM, N.T.A.P.O., PIN CODE- 695 121 (SUPERVISION (ELECTORAL).** - **25 ABHILASH P.J. AGED 32 YEARS, S/O.JANARDHANAN PILLAI, OVERSEER,PETTAZHIKATHU, PADINJATTATHIL, NJARACKAL, PERINADU P.O., KOLLAM - 691 607.** W.A.Nos.1063,1188 & 2068 of 2018 4 - **26 REMYA R.NAIR** **W/O.RAJMOHAN B., AGED 34 YEARS, ASSISTANT ENGINEER, KOLLANVILA, PANAYAM, PERINAD PO., KOLLAM- 691 601.** - **27 ANITHA RANI M.R AGED 39 YEARS, D/O.N.RAMACHANDRAN PILLAI, SREE VILLA, CHAVARA PO., PANMANA, KOLLAM - 691 583.** - **28 NIYAS S. AGED 31 YEARS, S/O.SALAHUDDIN, KAVANAPADIYATTATHIL, T.K.M.CPO, KATTICHIRA KOLLAM - 691 005.** - **29 SUMESH KUMAR N. AGED 36 YEARS, S/O.NATARAJAN, PEON, GERMAN KALAYIL, KAMUKUMCHERRY P.O., KAMUKUMCHERRY, KOLLAM - 689 696.** - **30 HAREESH K.U DATA ENTRY OPERATOR,COLLEGE OF ENGINEERING AND MANAGEMENT, PUNNAPRA, ALAPPUZHA-688003.** - **31 RENATHEJAS M. ELECTRICIAN, COLLEGE OF ENGINEERING AND MANAGEMENT,PUNNAPRA, ALAPPUZHA-688003.** - **32 SREEJITH B. SITE SUPERVIOR, COLLEGE OF ENGINEERING AND MANAGEMENT,PUNNAPRA, ALAPPUZHA-688003.** - **33 PUSHPALATHA S.** **PEON, COLLEGE OF ENGINEERING AND MANAGEMENT,PUNNAPRA, ALAPPUZHA-688003.** - **34 MANOJ S. PLUMBER, COLLEGE OF ENGINEERING AND MANAGEMENT,PUNNAPRA, ALAPPUZHA-688003.** - **35 MINIMOL V.J.** **CIVIL SUPERVISOR, COLLEGE OF ENGINEERING AND MANAGEMENT,PUNNAPRA, ALAPPUZHA-688003.** W.A.Nos.1063,1188 & 2068 of 2018 5 - **36 REMESH K.R. GARDENER, COLLEGE OF ENGINEERING AND MANAGEMENT,PUNNAPRA, ALAPPUZHA-688003.** - **37 VINOD P.R. ELECTRICIAN, COLLEGE OF ENGINEERING AND MANAGEMENT,PUNNAPRA, ALAPPUZHA-688003.** - **38 VINOD K.T.** - **A.C.MECHANIC, COLLEGE OF ENGINEERING AND MANAGEMENT,PUNNAPRA, ALAPPUZHA-688003.** - **39 MURALIKRISHNAN U. DRIVER, COLLEGE OF ENGINEERING AND MANAGEMENT,PUNNAPRA, ALAPPUZHA-688003.** - **40 ATCHU A. OFFICE ATTENDER, COLLEGE OF ENGINEERING AND MANAGEMENT,PUNNAPRA, ALAPPUZHA-688003.** - **41 VISHNU MAYA S. COMPUTER OPERATOR, INSTITUTE OF MANAGEMENT AND TECHNOLOGY, PUNNAPRA, ALAPPUZHA-688003.** - **42 SREEKALA S. ASSISTANT, INSTITUTE OF MANAGEMENT AND TECHNOLOGY, PUNNAPRA, ALAPPUZHA-688003.** - **43 MADHU P.S. PEON, INSTITUTE OF MANAGEMENT AND TECHNOLOGY, PUNNAPRA, ALAPPUZHA-688003.** - **44 ANILKUMAR P.R. DRIVER-CUM-ATTENDER, INSTITUTE OF MANAGEMENT AND TECHNOLOGY, PUNNAPRA, ALAPPUZHA-688003.** - **45 SALINY T.G. ASSISTANT, INSTITUTE OF MANAGEMENT AND TECHNOLOGY, PUNNAPRA, ALAPPUZHA-688003.** - **46 ARUNLAL A. PEON, KERALA INSTITUTE OF MAKING THE BEST, PUNNAPRA, ALAPPUZHA-688004.** W.A.Nos.1063,1188 & 2068 of 2018 6 - **47 SABU S.K.** **PEON, KERALA INSTITUTE OF MAKING THE BEST, PUNNAPRA, ALAPPUZHA-688004.** - **48 SHEEMOL P.P. PEON, COLLEGE OF ENGINEERING AND MANAGEMENT, PUNNAPRA, ALAPPUZHA-688004.** - **49 VIDYA S. D/O.BALACHANDRAN NAIR, AGED 27 YEARS, RESIDING AT RAJESH BHAVAN, VADAKKETHUMANIMUTTAM, PAPPANAMCODE PO, TRIVANDRUM-695018.** - **50 ANEESH A. ASSISTANT, COLLEGE OF ENGINEERING, PATHANAPURAM, ELIKKARTTOR PO, KOLLAM DISTRICT689696.** **51 SHAMNA SHAMS ASSISTANT, COLLEGE OF ENGINEERING, PATHANAPURAM, ELIKKARTTOR P.O., KOLLAM DISTRICT-689696.** **R11, R20-21 BY ADV. SMT.BINDUMOL JOSEPH R11, R20-21 BY ADV. SRI.B.S.SYAMANTHAK R23, R26-27, R36, R42, R45, R49 BY ADV. SRI.P.SHANES METHAR R31, R37 BY ADV. SRI.B.PRAMOD** ## **OTHER PRESENT:** **GP SMT.RAJI.T.BHASKER** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH WA.1188/2018, WA.2068/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941** ## **WA.No.1188 OF 2018** **JUDGMENT IN WPC 23959/2016 OF HIGH COURT OF KERALA DATED 1.3.2018** ## **APPELLANTS/RESPONDENTS 3 AND 4 IN WP(C):** - **1 THE CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION(CAPE) CO BANK TOWERS, VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS DIRECTOR.** - **2 DIRECTOR THE CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION (CAPE), CO-BANK TOWER VIKAS BHAVAN.P.O. THIRUVANANTHAPURAM-695033.** **BY ADVS. SRI.M.SASINDRAN SRI.S.SHYAM KUMAR RESPONDENT/S:** - **1 VAISAKH DUTT S.P. 'SREEPADAM', SRWA 59, SNEHAPURI, KARUMOM.P.O., THIRUVANATHAPURAM-695002.** - **2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, COOPERATIVE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM-695001.** - **3 REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695001.** - **4 KAVITHA.S. AGED 39 YEARS WO.NIZAR OFFICE ASSISTANT, SAGARA HOSPITAL, PUNNPRA, VADACKAL.P.O., ALAPPUZHA-688003, RESIDING AT** W.A.Nos.1063,1188 & 2068 of 2018 8 # **KAYAPARAMBIL, ERAVUKADU WARD, THIRUVAMBADY.P.O., ALAPPUZHA.** **5 MINIMOL.V. AGED 39 YEARS WO.SREEKUMAR.T. OFFICE ASSISTAANT SAGARA HOSPITAL PUNNAPRA VADACKAL. RESIDING AT KRISHNA MANDIRAM, VADACKAL.P.O., ALAPPUZHA-688003.** **6 ANITHA AGED 28 YEARS W/O.HARISH, SAGARA HOSPITAL, PUNNAPRA, VADACKAL.P.O, ALAPPUZHA-688003, RESIDING AT MOOPATHIPOARAMBIL HOUSE, SANADHANAPURAM.P.O., ALAPPUZHA-688003.** **R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R1 BY ADV. SRI.S.A.ANAND R1 BY ADV. SMT.L.ANNAPOORNA R1 BY ADV. SRI.K.A.BALAN R1 BY ADV. SRI.PETER JOSE CHRISTO R1 BY ADV. SMT.K.N.REMYA R1 BY ADV. SMT.N.SANTHA R1 BY ADV. SRI.V.VARGHESE** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH WA.1063/2018, WA.2068/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941** **WA.No.2068 OF 2018** **JUDGMENT IN WP(C) 14551/2018(T) OF HIGH COURT OF KERALA DATED 1.3.2018** ## **APPELLANT/2ND RESPONDENT:** **THE CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION, REPRESENTED BY THE DIRECTOR, CO BANK TOWERS, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM - 695 001.** **BY ADV. SRI.M.SASINDRAN** ## **RESPONDENTS/PETITIONERS AND RESPONDENTS 1, 3 TO 8 IN WP(C):** - **1 ANJU AZIZ, MAMMOOTTIL THEKKETHIL, PARAYAMKULAM, CHARUMOODU P.O, ALAPPUZHA - 690 505.** - **2 ABHILASH.R.S., R.S.BHAVAN, VETTINADU, VATTAPPARA P.O., TRIVANDRUM-695 028.** - **3 LINSON VARGHESE, PONPUZHA HOUSE, KANNIVAYIL P.O., CHERUPUZHA VIA, KASARAGOD DISTRICT-670 511.** - **4 JIJI.R., REVATHY, MANALUR P.O., ETHANUR VIA, PALAKKAD678 502.** - **5 RUGMA.V.M., SREE NANDANAM, TC 54/1932(1), MADATHIL TEMPLE LANE, PAPPANAMCODE P.O., TRIVANDRUM-695 018.** W.A.Nos.1063,1188 & 2068 of 2018 10 - **6 ANJU, ANJALI HOUSE, KARIKKILAD POST, VADAKARA VIA, KOZHIKODE DISTRICT-673 104.** - **7 AJESH KUMAR.A.N., SADANAM, ALLIYOOR, KALLIYOOR, KALLIYOOR P.O., TRIVANDRUM-695 042.** - **8 BABY SHIBNA.P.V., SREELAM, PARAKKALAM, KOOTHUPARAMBNU, KANNUR-670 543.** - **9 GIRISH BABU.B., SREE GIRI, CHERUVICKKAL, SREEKARYAM, THIRUVANANTHAPURAM-695 017.** - **10 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF CO-OPERATIVE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **11 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.** - **12 LAKSHMI.R., ASSISTANT, COLLEGE OF ENGINEERING AND MANAGEMENT, PUNNAPRA-688 514.** - **13 REENA.V.K., ASSISTANT, COLLEGE OF ENGINEERING AND MANAGEMENT, THALASSERY-670 640.** - **14 ANOOP CHANDRAN, ASSISTANT, COLLEGE OF ENGINEERING AND MANAGEMENT, KIDANGOOR-682 014.** - **15 PREETHA.K.V., ASSISTANT, COLLEGE OF ENGINEERING AND MANAGEMENT, THRIKARIPUR-680 110.** - **16 MANCHU MOHANAN, ASSISTANT, HEAD OFFICE, THE CO-OPERATIVE** W.A.Nos.1063,1188 & 2068 of 2018 11 **ACADEMY OF PROFESSIONAL EDUCATION, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM695 033.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH WA.1063/2018, WA.1188/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.Nos.1063,1188 & 2068 of 2018 12 ## **JUDGMENT** ## V.G.Arun, J. These writ appeals arise out of the common judgment in W.P.(C) Nos.8143, 14551 and 23959 of 2016. The common issue canvassed in the writ petitions was with regard to the filling up of the vacancies of Assistant Grade II in the institutions under the appellant. The writ petitioners are candidates included in the ranked list of Assistant Grade II published by the appellant after a due process of selection. W.P.(C) Nos.8143 and 14551 of 2016 were filed, challenging the decision of the appellant to regularise the services of the employees, who were working on contract basis in the Engineering Colleges and at the Head Office of the appellant. W.P.(C) No.23959 of 2016 was filed seeking appointment to the vacancies of Assistant Grade II from the ranked list. W.A.Nos.1063,1188 & 2068 of 2018 13 2. The specific case of the writ petitioners was that, in spite of there being vacancies in the post of Assistant Grade II, the appellant was continuing with the services of contract employees, without affecting appointment from the rank list. In support of this contention, Ext.P7 in W.P.(C) No.14551 of 2016, the proceedings of the 13[th] Legislative Assembly dated 18.3.2015 was produced. Ext.P7 is an answer to an unstarred question by the Minister for Co-operation that, altogether there are 61 posts of Assistants in the institutions under the appellant and that, out of this 61, 34 posts are manned by contract/daily wage employees and the balance 23 by regular employees. 3. In the writ petitions, series of interim orders were issued by the learned Single Judge staying the regularisation of the contract employees, directing the appellant not to engage any contract employees against the post of Assistant W.A.Nos.1063,1188 & 2068 of 2018 14 Grade II and further observing that appointment shall be made only from the ranked list. There was a further interim order in W.P.(C) No.23959 of 2016 on 30.2.2017 that unless appointment on contract basis is dispensed with, the writ petitioner as well as the 12[th] rank holder shall be given appointment within one month. 4. The Co-operative Academy of Professional Education (“the CAPE” for short), the appellant in all the writ appeals, is established by the Government as an autonomous body, with the objective of setting up and running professional educational institutions in the State on self-financing basis. The appellant had, by notification dated 25.7.2015, invited applications to the post of Assistant Grade II from candidates having the requisite qualification. After written test and interview, ranked list containing the names of the 102 candidates was published on 4.3.2016. The rank list was to be W.A.Nos.1063,1188 & 2068 of 2018 15 valid till 31.3.2018. According to the appellant, at the time when the notification was issued, there were only 6 vacancies in the post of Assistant Grade II. Subsequently, the vacancies increased to 11. Appointment was given to all the 11 candidates, so as to fill up the available vacancies. The Executive Committee of the appellant had, on 5.2.2016, resolved to regularise 59 numbers of non-vacation staff working on contract basis under various categories in the Educational Institutions and at the Head Office of the appellant. The appellant justified the continuation of employees on contract basis on the ground that such employees need be paid only consolidated pay, whereby, the appellant, which is already facing financial difficulties, was benefited. It was also contended that all the 11 vacancies having been filled up, the petitioners cannot demand that they should be appointed by terminating the services of the W.A.Nos.1063,1188 & 2068 of 2018 16 contract employees. 5. The learned Single Judge refused to accept the justification offered for appointment of contract employees, during the subsistence of a valid rank list. Under the impugned judgment it was held that, after having initiated regular selection process and having prepared a rank list, the appellant cannot contend that appointments can be made against the vacancies which existed and are continuing to exist, without recourse to the rank list. It was held that regularisation of contract employees is not a method of appointment for the post of Assistant Grade II. Based on the said finding, the appellant and the official respondents were directed to fill up all the vacancies of Assistant Grade II of duration of more than three months from the rank list. It is also specifically observed that in view of the pendency of the writ petition and the interim orders issued thereon, W.A.Nos.1063,1188 & 2068 of 2018 17 contention that the validity of the rank list has expired, so as to defeat the claims of the petitioners, cannot be raised. 6. The learned counsel for the appellants would contend that it is the settled legal position that mere inclusion in a ranked list does not confer an irrefutable right for appointment on the candidates. It is contended that the appellant had decided not to make regular appointments to the vacancies in the post of Assistant Grade II, in view of reduction in the number of students in its institutions, leading to financial crunch. It is contended that the decision not to affect regular appointments is a matter of policy and this Court, in exercise of power under Article 226, could not have interfered with such decision. 7. We had passed an interim order on 30.5.2019 to the following effect:- “The appeals are filed by the Co-operative Academy of W.A.Nos.1063,1188 & 2068 of 2018 18 Professional Education [for brevity "CAPE"] against the common judgment of the learned Single Judge. The challenge in W.P(C) Nos.8143 and 14551 of 2016 was against the regularisation made of contract employees by order dated 25.02.2016. This was when a selection had been conducted to the post of Assistant Grade-II. One other writ petition [W.P(C) No.23959 of 2016] was filed seeking appointment from the ranked list. One other writ petition [W.P.(C) No.22472 of 2016] was filed by an Assistant appointed on contract basis, challenging the termination order; which writ petition was dismissed by the learned Single Judge. The appellant has filed the appeals challenging the directions issued in the other three writ petitions. 2. The learned Counsel appearing for the appellant contended that as of now they are not intending any appointments to be made especially since the nine Engineering Colleges are functioning with lesser number of admissions in each of the successive years, which has fallen down to 56% in the last academic year. 3. The counter affidavit dated 21.06.2017 filed against an interlocutory application in W.P.(C).235959 of 2016, however, indicates that there are 10 persons on contract and 7 persons on daily wages continued. Further, it is also contended in paragraph 4 thereof that: "As stated earlier, the last posting of contract and daily wage employees in the post of Assistant Grade-II was made, one year back, that is in November, 2015 and no contract or daily wage W.A.Nos.1063,1188 & 2068 of 2018 19 employees were appointed thereafter". 4. The learned Single Judge had not interfered with the regularlisation order and no appeals are filed therefrom. The learned Single Judge had only directed that if appointments are made, even temporarily, it should be from the ranked list.” 5. The contention raised by the learned Counsel appearing for the appellant is that the rank list has now expired. However, we have to notice that as per the statements in the above counter affidavit the contract employees and daily wage employees are continuing from 2015 itself even after the rank list was published. In such circumstances, we are of the opinion that there should be a further extension given to the rank list and appointments made, on contract basis, should be only from the rank list for the period in which the extension is made. To make our orders effective, we are of the opinion that we require more details on record. We direct the appellant to file an affidavit specifying the number of regular workers in the category of Assistant Grade-II, their date of appointment; and the name and address of persons appointed regularly, on contract and on daily wages, within a period of one week from today.” 8. In accordance with the direction, the appellant filed an affidavit, appending two lists; (1) the list of regular employees including those who were regularised before the W.A.Nos.1063,1188 & 2068 of 2018 20 filing of the writ petition and (2) the list of employees continuing on contract/daily wage basis. In view of the finding in the impugned judgment that, in respect of persons who had already been regularised in service before the filing of the writ petition, the issue need not be considered, we are concerned only with the list of contract employees. The list, produced as Anenxure IV in W.A.No.1188 of 2018, shows that even as on date, 10 posts of Assistant Grade II is occupied by daily wage/contract employees, who had been appointed on different dates from 2009 to 2013. The continuance of contract/daily wage employees, for such long periods, in spite of interim directions issued by this Court in the writ petitions, is clear indication of the fact that the appellant requires the services of Assistant Grade II. As held in the impugned judgment, the continuance of contract employees during the currency of a valid rank list and refusal to effect appointment W.A.Nos.1063,1188 & 2068 of 2018 21 from that rank list is illegal. In such circumstances, the contention of the appellant that the petitioners do not have the right to claim appointment merely because of their inclusion in the rank list, cannot be countenanced. 9. We find no reason to interfere with the impugned judgment and resultantly, the writ appeals are dismissed. Before parting with the case we wish to make some observations regarding the manner in which the appellant had conducted itself with respect to the process of selection and appointment to the post of Assistant Grade II. Reference for this purpose is made to the exhibits in W.A.No. 1188 of 2018. Ext.P6 is a letter issued to the appellant by the Registrar of the Co-operative Societies, wherein reference was made to the decision of the Apex Court in Civil Appeal No.3595, 3612 of 1999, whereby the Honourable Supreme Court had, reiterated the findings in **Secretary, State of Karnataka v.** W.A.Nos.1063,1188 & 2068 of 2018 22 **Umadevi [AIR (2006) SC 1806]** and had denounced the continued practice of making back door appointments to public institutions. By the letter, the Registrar required the appellant to furnish a complete and detailed list of employees who have been regularised after 9.10.2006 in the institutions under the appellant. Surprisingly, instead of furnishing the list, the appellant had the audacity of sending a reply stating that the regularisation of staff in CAPE are governed by CAPE Service Rules duly approved by the Executive Committee, which is the sovereign body in taking policy decision and hence, the observations made by the Honourable Supreme Court are not binding and CAPE does not come under the purview of the order of the Honourable Supreme Court. In this context, it will only be appropriate to refer to Ext.P9, the Kerala Co-operative Professional Education Fund Scheme, 2015 (“the Scheme” for short). The Scheme has been framed W.A.Nos.1063,1188 & 2068 of 2018 23 in terms of Section 56 (2) (cc) of the Kerala Co-operative Societies Act and Rule 53 (3A) of the Kerala Co-operative Societies Rules. Section 3 (h) of the Scheme defines CAPE as the Co-operative Academy of Professional Education, Kerala registered by the Department of Co-operation, Government of Kerala under the Travancore, Cochin, Literary Scientific and Charitable Societies Act. Section 4 dealing with constitution of the fund of the Scheme makes it evident that the fund is constituted by transfer of funds set apart from the profit of societies. The beneficiaries as per Section 6 of the Scheme include the CAPE also. Section 7 provides for maintenance of the fund by the Registrar of Co-operative Societies. As per Section 9, the Government shall be the sanctioning authority of the assistance under the Scheme. Section 10 deals with the purposes for which the fund shall be utilised, the first among them being assistance to institutions under the Societies, W.A.Nos.1063,1188 & 2068 of 2018 24 CAPE and Societies/Trust formed under Charitable Societies Act promoted by the Co-operative Societies. Section 13 deals with allocation of funds, as per which 40% of the available fund each year, shall be distributed to the CAPE. Section 14 deals with the quantum of assistance, in which a separate column is provided, detailing the assistance granted to CAPE for infrastructural facilities, working capital, to wipe off or reduce the loss incurred on fee collection and scholarship to eligible students. In addition, if the Government decides to start any new professional education institution under the management of CAPE, an amount of Rs.10 Crore shall be sanctioned as grant for infrastructural facilities except for acquisition of land for the project. The above provisions of the Scheme makes it abundantly clear that the formation of the CAPE, by itself, was under the aegis of the Government and allocation of funds to the CAPE and its institutions is by the W.A.Nos.1063,1188 & 2068 of 2018 25 Registrar of the Co-operative Societies and the Government. In that factual background, it was preposterous for the appellant to have adopted the stand that it is not bound by the judgment of the Honourable Supreme Court regarding contractual employment in public institutions. In this regard, we also take note of the fact that the Society is headed by very responsible persons. The Chief Minister is the Ex-officio Chairman, the Minister for Co-operation the Ex-officio Vice Chairman of the Appellant and the Secretary of Co-operation and Registrar of Co-operative Societies are members of the Executive Committee of the appellant. Even though we came across certain decisions taken by the Executive Committee of the appellant with respect to implementation of the interim orders of this Court, we desist from making any comment thereon, other than expressing our displeasure in the manner in which the entire issue was handled by the appellant and the W.A.Nos.1063,1188 & 2068 of 2018 26 extent to which the appellant had gone to safeguard the interests of the contract employees. 10. In the circumstances of our observations, and the attitude of the appellant, as revealed from the audacious statement that it is not governed by the judgment of the Hon'ble Supreme Court, we feel it expedient to ensure that the contract employees are terminated and persons from the list appointed to those vacancies. We direct the matter to be posted after a month, within which time the directions herein shall be complied with. **Sd/-** **K.VINOD CHANDRAN JUDGE** **Sd/-** **V.G.ARUN** **JUDGE** Scl/ 1.8 W.A.Nos.1063,1188 & 2068 of 2018 27 ## **APPENDIX OF WA 1188/2018** **PETITIONER'S/S EXHIBITS:** ## **ANNEXURE A1** **A TRUE COPY OF THE RELEVANT EXTRACT FROM THE AICTE APPROVAL PROCESS HAND BOOK.** ## **ANNEXURE AII** **A TRUE COPY OF THE NOTE SUBMITTED BY THE DIRECTOR TO THE 162ND MEETING OF THE EXECUTIVE COMMITTEE DATED 15/03/2018.** W.A.Nos.1063,1188 & 2068 of 2018 28 ## **APPENDIX OF WA 2068/2018** **PETITIONER'S/S EXHIBITS:** **ANNEXURE AI:** **A TRUE COPY OF THE RELEVANT EXTRACT FROM THE AICTE APPROVAL PROCESS HAND BOOK.** **ANNEXURE AII:** **A TRUE COPY OF THE NOTE SUBMITTED BY THE DIRECTOR TO THE 162ND MEETING OF THE EXECUTIVE COMMITTEE DATED 15.03.2018.**