## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE AMIT RAWAL**
**MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942**
## **WP(C).No.980 OF 2011(V)**
## **PETITIONER:**
**JAYASREE G., SECRETARY, KAVALLOOR HARIJAN SERVICE CO-OPERATIVE SOCIETY,LTD.NO.T.817, VATTIYOORKAVU.P.O,THIRUVANANTHAPURAM.**
**BY ADV. SRI.P.N.MOHANAN**
## **RESPONDENTS:**
|**1**|**KERALA PUBLIC SERVICE COMMISSION**|
|---|---|
||**PATTOM,THIRUVANANTHAPURAM,REPRESENTED BY ITS,**|
||**SECRETARY,PIN-695001.**|
|**2**|**THE DISTRICT OFFICER KERALA PUBLIC**|
||**SERVICE COMMISSION,THIRUVANANTHAPURAM,, PIN-695001.**|
|**3**|**ASSISTANT REGISTRAR OF CO-OP.SOCIETIES**|
||**(G),THIRUVANANTHAPURAM,PIN-695001.**|
|**4**|**KAVALLOOR HARIJAN SERVICE CO-OPERATIVE**|
||**SOCIETY,LTD.NO.T.817,REPRESENTED BY PRESIDENT,**|
||**VATTIYOORKAVU.P.O, THIRUVANANTHAPURAM,PIN-695001.**|
|**5**|**JOINT REGISTRAR OF CO-OP.SOCIETIES(G)**|
||**THIRUVANANTHAPURAM,PIN-695001.**|
**BY GOVERNMENT PLEADER BY ADV. SRI.C.P.SABARI BY SRI.P.C.SASIDHARAN, SC, KPSC GP SRI B HARISH KUMAR**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2021, ALONG WITH WP(C).9617/2010(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.980 OF 2011(V)**
**2**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE AMIT RAWAL**
**MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942**
## **WP(C).No.9617 OF 2010**
## **PETITIONERS:**
- **1 MANJUSHA O., SECRETARY, ULLOOR SC/ST SERVICE CO-OPERATIVE SOCIETY LTD.NO. 635, VAYALARIKOM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.**
- **2 K.PUSHPAMMA, SECRETARY PANNIYODE SCHEDULED CASTE/SCHEDULED TRIBE, SERVICE CO-OPERATIVE SOCIETY T.A.06, PANNIYODE PO, THIRUVANANTHAPURAM.**
- **3 JAYASREE.G., SECRETARY KAVALLOOR HARIJAN SERVICE CO-OPERATIVE SOCIETY, T.817, VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.N.MOHANAN**
## **RESPONDENTS:**
- **1 KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY.**
- **2 THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION,, THIRUVANANTHAPURAM.**
- **3 REGISTRAR OF CO-OP.SOCIETIES THIRUVANANTHAPURAM.**
- **4 GOVT.OF KERALA REP.BY SECRETARY TO GOVT. CO-OP.DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.**
**WP(C).No.980 OF 2011(V)**
**3**
**5 TRIVANDRUM DIST.CO-OP.BANK TRIVANDRUM P.O., REP.BY ITS GENERAL MANAGER.**
**BY GOVERNMENT PLEADER BY SRI.P.C.SASIDHARAN, SC, KPSC BY ADV. SRI.THOMAS ABRAHAM, SC, THIRUVANANTHAPURAM DIST. CO.OP BANK BY ADV. SRI.C.K.JAYAKUMAR, SC, TVM. DIST. CO.OP.BANK LTD BY ADV. SRI.T.R.HARIKUMAR, SC, THIRUVANANTHAPURAM DIST.CO.OP.BANK BY ADV. SRI.THOMAS ABRAHAM SC THIRUVANANTHAPURAM DIST. CO.OP BANK**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2021, ALONG WITH WP(C).980/2011(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.980 OF 2011(V)**
**4**
## **JUDGMENT**
[ WP(C).980/2011, WP(C).9617/2010 ]
## **Dated this the 8th day of March 2021**
Petitioner in W.P(C).980/11 joined as Secretary in the 4[th] respondent-Kavalloor Harijan Service Co-operative Society on 07.08.1996, undergoing the due process of selection. Kerala Public Service Commission invited applications for filling up the post of clerk/cashier in various District Co-operative Banks including Thiruvananthapuram District Co-operative Bank as per category No.21/06 to the vacancies earmarked for the employees of the Primary Co-operative Societies affiliated to District Cooperative Bank. According to Rule 187 of the Kerala Co-operative Societies Rules, such employees of the Co-operative Societies affiliated to District Co-operative Bank have a reservation of 50% of the vacancies. Petitioner in pursuance to the aforementioned notification applied for the post of clerk/cashier after having undergone the process of written test, as per the list Ext.P2 dated 13.02.2020, was shortlisted.
2. Vide communication dated 13.04.2010 Public Service Commission directed the petitioner to produce the certificates for
**WP(C).No.980 OF 2011(V)**
**5**
verification. Learned counsel appearing on behalf of the petitioner submitted that the certificate aforementioned was required to be issued by the managing committee or in its absence, by the administrator. However, the term of the managing committee expired in the year 2001 and the administrator, as per the provisions of Section 33 of the Kerala Co-operative Societies Act empowered to manage the affairs of the society, had already been appointed but continued only up to 2004 and thereafter the term was not extended. Petitioner approached the Assistant Registrar for the purpose of employment certificate. The certificate dated 23.04.2010 (Ext.P4) issued by the Registrar was produced before the Public Service Commission, but the same was not accepted. Subsequently the 3[rd] respondent ie., the Assistant Registrar of Co-operative Societies issued another certificate, in the format to the effect that the petitioner was working as secretary in the society from 12.07.2010 as evidenced
from 28.07.2010 (Ext.P5). The aforementioned certificate also was not accepted as the petitioner was stated to be working with effect 12.07.2010 ie., was not in service at the time of submission of the application. The date in the certificate issued
**WP(C).No.980 OF 2011(V)**
**6**
should have been 07.08.1996 instead of 12.07.2010, which came to be rectified only after the election of the committee was over. Society as evidenced from Ext.P9 issued a certificate that the petitioner had been working with effect from 07.08.1996. Initially the petitioner challenged the steps taken by the Public Service Commission along with others, by filing W.P.(C).No. 9617/2010 as the petitioner's name were not included in the short list on the ground that they are not graduates. The matter was taken before the Hon’ble Supreme Court.
3. The learned counsel for the respondents submitted that the rank list has already expired, petitioner failed to produce the certificate as required and thus the action of the Public Service Commission cannot be faulted in the absence of production of any relevant documents at the time of verification of the certificate.
4. I have heard the learned counsel for the parties and appraised the paper book.
5. The controversy with regard to non-consideration of provisional graduation is not the question to be decided, but whether the candidature of the petitioner can be rejected on
**WP(C).No.980 OF 2011(V)**
**7**
account of non-production of the certificate of employment. The reasoning assigned of not having issued the certificate with effect from 07.08.1996 instead of 12.07.2010 by Assistant Registrar cannot be an excuse for condoning such act as petitioner should have placed material of her employment in the absence of any administrator before the Registrar for issuance of the certificate. Particularly, it was in knowledge that on the date of submission of the application requirement of employment was a _sine qua non_ . Even otherwise the validity of the select list Ext.P2 dated 13.02.2010 has already expired and cannot be validated even through the interim order of this Court though the selection was ordered to be subject to the outcome of the writ petition. In view of the decision of the Full Bench in _**Vimala Kumari**_ vs. _**State**_ [1994 (2) KLT 47], on expiry of the rank list no direction or orders can be passed even if there is some merit which is conspicuously wanting as per the reasoning aforementioned.
The writ petitions sans merits accordingly, dismissed.
## **Sd/-**
## **AMIT RAWAL**
nak
**JUDGE**
**8**
## **WP(C).No.980 OF 2011(V)**
## **APPENDIX OF WP(C) 980/2011**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 30.07.96 OF THE SOCIETY. EXHIBIT P2 A TRUE COPY OF THE SHORT LIST PUBLISHED BY THE PSC. EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 13.04.2010 ISSUED BY THE 1ST RESPONDENT, PSC. EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT REGISTRAR DATED 23.04.2010. EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE DATED 28.07.2010. EXHIBIT P6 A TRUE COPY OF THE PETITION DATED 6.12.2010 FILED BEFORE PSC BY THE PETITIONER. EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 30.06.2010 OF THE 5TH RESPONDENT, JOINT REGISTRAR(G). EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 9.11.2010 OF THE JOINT REGISTRAR. EXHIBIT P9 A TRUE COPY OF THE CERTIFICATE DATED 6.01.2011 OF THE SOCIETY. EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION DATED 9.11.2010 OF THE PSC. EXHIBIT P11 A TRUE COPY OF THE AUDIT CERTIFICATE DATED 29.12.2010 ISSUED BY JOINT REGISTRAR. EXHIBIT P12 A TRUE COPY OF THE AUDIT CERTIFICATE OF THE YEAR 2010-2011. EXHIBIT P13 A TRUE COPY OF THE AUDIT CERTIFICATE OF THE YEAR 2011-2012.**
**WP(C).No.980 OF 2011(V)**
**9**
## **APPENDIX OF WP(C) 9617/2010**
**PETITIONERS' EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 15-6-82. EXHIBIT P3 A TRUE COPY OF THE G.O DATED 23-3-1988. EXHIBIT P4 A TRUE COPY OF THE RANK LIST PUBLISHED BY THE PSC.**
