Krishnashri B. v Co-operative Service Examination Board & Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM ``` ``` MONDAY, THE 11[TH] DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 ``` ## **`WP(C) NO. 36903 OF 2022`** ## **`PETITIONER:`** ``` KRISHNASHRI B.D/O B.V.BALAKRISHNAN, ``` ``` AGED 42 YEARS, RESIDING AT AMBADY HOUSE, NETTOOR (P.O), ERNAKULAM, KERALA – 682040. ``` ``` BY ADV KRISHNASHRI B.(Party-In-Person) ``` ## **`RESPONDENTS:`** - **`1 THE CO-OPERATIVE SERVICE EXAMINATION BOARD KERALA STATE CO-OPERATIVE BANK BUILDING, OVER BRIDGE, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS SECRETARY.`** - **`2 KATHIRUR SERVICE CO-OPERATIVE BANK LTD NO: F-1262,KADIRUR (P.O), PIN-670642, KANNUR,REPRESENTED BY ITS SECRETARY.`** - **`3 KASARAGOD PUBLIC SERVANTS CO-OPERATIVE SOCIETY LTD NO:C-290, KASARGOD (P.O), PIN-671121, REPRESENTED BY ITS SECRETARY.`** - **`4 PERLA SERVICE CO-OPERATIVE SOCIETY LTD NO: C-3377, PERLA(P.O), KASARGOD, PIN-671552, REPRESENTED BY ITS SECRETARY.`** - **`5 VILVATTAM SERVICE CO-OPERATIVE BANK LTD NO:337, THRISSUR, PIN-680028, REPRESENTED BY ITS SECRETARY.`** - **`ADDL.R6 SMT.AKSHAYA B.R, SACHIN NIVAS, KAIRALI NAGAR, PILATHARA, KANNUR-670504.`** - **`ADDL.R7 SHRI.MEVIS JOSEPH, CHITTILAPPILLI HOUSE, THOLUR, THRISSUR-680552.`** - **`ADDL.R8 SHRI.MUNEER P., PARAMEL THENDAN, POOZHITHALA, AZHIYOOR(P.O.), VADAKARA, KOZHIKKODE-673309.`** - **`ADDL.R9 SMT.FAZIA M. ALIYAR, PEERU VEEDU, PETTA, PATHANAMTHITTA(P.O.), PIN-689648.`** W.P.(C) No.36903, 37050 & 38477 of 2022 2 ``` (ADDL. R6 TO R9 IMPLEADED AS PER ORDER DATED 19-12-2022 IN IA 1/2022 IN WP(C) 36903/22). ``` ``` BY ADVS. R1 BY SMT.S.L.SYLAJA, SC, CO-OPERATIVE SERVICE EXAMINATION BOARD ``` ``` ADV. NANDAKUMAR, SC R2 & R3 BY ADV.M.SASINDRAN R4 BY ADVS.SHRIHARI RAO K & SMT.N.SHOBHA(K/368/1998) R7 & R8 BY ADV.SHAMEENA SALAHUDHEEN R9 BY ADV.JOSEPH GEORGE P.A.REJIMON(K/700/2017) ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.09.2023, ALONG WITH WP(C) NO.7050/2022, WP(C) NO. 38477/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C) No.36903, 37050 & 38477 of 2022 3 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM ``` ``` MONDAY, THE 11[TH] DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 WP(C) NO. 37050 OF 2022 ``` ## **`PETITIONER:`** ``` RINSY K M.,W/O THARY LIJACK AKBAR, AGED 30 YEARS, RESIDING AT POKAKKILLATH HOUSE, P,O,KURIACHIRA, THRISSUR, DISTRICT, PIN 680 006. ``` ``` BY ADVS. B.V.BALAKRISHNAN PLEASANT.T.SAMUEL ``` ## **`RESPONDENTS:`** - **`1 THE CO-OPERATIVE SERVICE EXAMINATION BOARD, KERALA STATE COOPERATIVE BANK BUILDING, OVER BRIDGE, THIRUVANANTHAPURAM-695001. REPRESENTED BY ITS SECRETARY.`** - **`2 VILVATTAM SERVICE CO-OPERATIVE BANK LTD NO:337, THRISSUR, PIN-680 028, REPRESENTED BY ITS SECRETARY.`** - **`ADDL.R3 SHRI MEVIS JOSEPH, CHITTILAPPILLI HOUSE, THOLUR, THRISSUR-680552.`** - **`ADDL.R4 SMT.FAZIA M. ALIYAR, W/O.ANAS MUHAMMED KARIM, NOW RESIDING AT QUARTERS NO.D-37, CALICUT UNIVERSITY CAMPUS, THENJIPPALAM P.O. MALAPPURAM-673 635, FROM PEERU VEEDU, PETTA, PATHANAMTHITTA(P.O.), PIN-689 648.`** ``` ARE IMPLEADED AS ADDL.R3 & ADDL.R4 AS PER ORDER DATED 05.12.2022 IN IA NO.1/2022 IN WP(C) NO.37050/2022 ``` ``` BY ADVS. ``` ``` R1 BY SMT.S.L.SYLAJA, SC, CO-OPERATIVE SERVICE EXAMINATION BOARD ``` W.P.(C) No.36903, 37050 & 38477 of 2022 4 ``` SHAMEENA SALAHUDHEEN R4 BY ADV.JOSEPH GEORGE JISEMOL THOMAS(K/853/2015) JELEETTA GREGORY(K/000188/2023) ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.09.2023, ALONG WITH WP(C).36903/2022 AND CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C) No.36903, 37050 & 38477 of 2022 5 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE VIJU ABRAHAM`** ``` MONDAY, THE 11[TH] DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 WP(C) NO. 38477 OF 2022 ``` ## **`PETITIONER:`** ``` KRISHNASHRI B., D/O B.V.BALAKRISHNAN, AGED 42 YEARS, RESIDING AT AMBADY HOUSE, NETTOOR (P.O),ERNAKULAM, KERALA - 682040. ``` ``` BY ADV KRISHNASHRI B (Party-In-Person) ``` ## **`RESPONDENTS:`** - **`1 THE CO-OPERATIVE SERVICE EXAMINATION BOARD KERALA STATE CO-OPERATIVE BANK BUILDING, OVER BRIDGE, THIRUVANANTHAPURAM-695001. REPRESENTED BY ITS SECRETARY.`** - **`2 KOTTAYAM URBAN CO-OPERATIVE BANK LTD NO: 421, KOTTAYAM; REPRESENTED BY ITS SECRETARY.`** - **`3 SHRI.MEVIS JOSEPH, CHITTILAPPILLI HOUSE, THOLUR, THRISHUR-680552.`** - **`4 SMT.FAZIA M ALIYAR, W/O ANAS MUHAMMED KARIM, NOW RESIDING AT QUARTERS NO:D-37, CALICUT UNIVERSITY CAMPUS, THENJIPPALAM P.O, MALAPPURAM-673635 FROM PEERU VEEDU, PETTA, PATHANAMTHITTA (P.O), PIN-689648.`** - **`5 SHRI JERIN.K.JOSE (ADDRESS NOT KNOWN TO THE PETITIONER, REFERENCE EXT:P10). PETITIONER CONTACTED CSEB FOR THEIR ADDRESS BUT THEY DECLINED TO GIVE.`** - **`6 SHRI ANISH .T.S. (ADDRESS NOT KNOWN TO THE PETITIONER, REFERENCE EXT:P10) PETITIONER CONTACTED CSEB FOR THEIR`** W.P.(C) No.36903, 37050 & 38477 of 2022 6 ## **`ADDRESS BUT THEY DECLINED TO GIVE.`** ``` BY ADVS. R1 BY ADV.S.L.SYLAJA R2 BY ADV.SURIN GEORGE IPE R3 BY ADVS.SHAMEENA SALAHUDHEEN & JISEMOL THOMAS(K/853/2015) R4 BY ADVS.JOSEPH GEORGE P.A.REJIMON(K/700/2017) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.09.2023, ALONG WITH WP(C).36903/2022 AND CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C) No.36903, 37050 & 38477 of 2022 7 ## **VIJU ABRAHAM, J.** **................................................................. W.P.(C) No.36903, 37050 & 38477 of 2022 .................................................................** Dated this the 11[th] day of September, 2023 ## **JUDGMENT** Since common issues are raised in all these writ petitions they are disposed of by a common judgment. ## **W.P.(C) No.36903 of 2022** 2. The above writ petition is filed challenging Exts.P19, P20 and P21 and for other consequential reliefs. The 1[st] respondent, the Cooperative Services Examination Board, invited application for System Administrators as per Ext.P1 notification to various Service Cooperative Banks/Societies. Petitioner made applications to six Cooperative Banks/Societies. The petitioner was called for a written test and Ext.P3 final shortlist was published in which the petitioner was included. Later on, the petitioner was called for an interview and Exts.P4 to P7 are the interview call letters issued by the respective Co-operative Banks/Societies. Thereafter, 1st respondent published the rank list to the post of System Administrator for five Banks/Societies as per Exts.P8 to P12. Petitioner submits that she was ranked first in two rank lists, i.e. in Exts.P8 and P11. Advice W.P.(C) No.36903, 37050 & 38477 of 2022 **==> picture [8 x 11] intentionally omitted <==** memos were not issued to the petitioner and thereupon petitioner along with another candidate approached this Court filing W.P.(C) No.26093 of 2022 which was disposed of as per Ext.P14 judgment whereby the submission of the standing counsel for the 1[st] respondent that they had no proposal to revisit the recruitment process was recorded but issued a direction to the petitioner to file fresh writ petition after impleading the Co-operative Society also. Thereupon, the petitioner along with another candidate filed W.P(C) No.27333 of 2022. When the said writ petition came up for consideration on 31.08.2022, the 1[st] respondent submitted that there were errors in the rank list and therefore an addendum had to be published and the said process was underway. Petitioner submits that the said statement is a clear deviation from the earlier stand taken while disposing of the earlier writ petition as per Ext.P14 judgment. The said writ petition was disposed of as per Ext.P16 judgment dated 31.08.2022 wherein a direction was issued to the 1[st] respondent to hear the petitioner and take necessary action with respect to the rank list in question leading to the issuance of advice memo therefrom or from the addendum list to be issued, as expeditiously as possible but not later than one month from the date of receipt of a copy of the judgment. It was further made clear that if the petitioners are advised, then the 3[rd] respondent will appoint them as per law without any delay. Subsequently, the 1[st] respondent published Ext.P17 addendum W.P.(C) No.36903, 37050 & 38477 of 2022 **==> picture [8 x 11] intentionally omitted <==** notification on 31.08.2022, i.e., on the date of issuance of Ext.P16 judgment. Thereafter, the petitioner was called for a hearing and the petitioner participated in the same and submitted written submissions highlighting her contentions. Thereafter, rank lists were revised as is evident from Exts.P19 to P22. Petitioner contended that there is no occasion for issuance of addendum notification or for revision of the rank lists as per Exts.P19 to P22. The said exercise now undertaken raised suspicion about the truthfulness of the actions of the 1[st] respondent. Petitioner relies on the judgment of the Apex Court in _**S.P.Chengalvaraya Naidu v. Jagannath and others, 1995 KHC 182**_ in support of her contentions. ## **W.P.(C) No.38477 of 2022** 3. The above writ petition is filed by the petitioner in W.P.(C) No.36903 of 2022 wherein the challenge is against Ext.P10 revised ranked list which is in respect of the post “System Administrator” in Kottayam Urban Co-operative Bank Ltd. No.421. In the said writ petition also similar contentions were raised and as per Ext.P3 original ranked list petitioner was rank No.3. ## **W.P.(C) No.37050 of 2022** 4. The above writ petition is filed challenging Ext.P16 which is the revised rank list for the post of System Administrator in Vilvattam Service Co-operative Bank Ltd. No.337, Thrissur. The contention of the petitioner is that pursuant to Ext.P1 notification issued by the 1[st] W.P.(C) No.36903, 37050 & 38477 of 2022 **==> picture [15 x 11] intentionally omitted <==** respondent, the petitioner made an application to the post of System Administrator in 2[nd] respondent Vilvattam Service Co-operative Bank Ltd. Finally rank list was published as per Ext.P5 and the petitioner was rank No.1 in the said list. Now as per Ext.P16, the said rank list has been revised and the petitioner does not find a place in the revised rank list. The specific contention made by the petitioner is that the revision was made as per Ext.P16 after a considerable delay of almost 174 days and that too without affording an opportunity of being heard to the petitioner. Even a complaint was raised after a delay of almost 75 days. The petitioner relies on Rule 182(4)(viii) of the Kerala Co-operative Societies Rules, 1969 which mandates that all appointments to the vacancies shall be made by the committee from the published rank list within one month from the date of such publication of the rank list and the said appointment shall be reported to the 1[st] respondent board. Petitioner submits that it is in total violation of the provisions of law that Ext.P16 has been issued. 5. Detailed counter affidavits/statements are filed by the 1[st] respondent Co-operative Services Examination Board. The contention taken by the 1[st] respondent is that the petitioner was allowed to attend the examination for the post of System Administrator only on a provisional basis subject to the conditions as specified in the hall ticket issued to the petitioner. It is further submitted that at the time of publication of the eligible list and rank W.P.(C) No.36903, 37050 & 38477 of 2022 **==> picture [15 x 10] intentionally omitted <==** list, certain complaints have been received by the Board. Thereafter the Board decided to conduct a detailed verification of the list of eligible candidates. At that point of verification, it was found that certain errors had occurred in the eligible list received from the valuation centre. Thereupon the managing committee of the Board decided to seek legal opinion and on the basis of the same the Board decided to issue an addendum notification for including all eligible candidates in the eligible list. The necessity for issuance of an addendum notification was submitted before this Court in W.P.(C) No.27333 of 2022 and this Court has allowed the said request also. Thereafter, Ext.R1(b) addendum notification was published on 31.08.2022 including the names of eligible candidates and it was sent to all concerned banks/societies for conduct of the interview. There is no suppression of facts as alleged by the petitioners and the 1[st] respondent Board is duty-bound to make necessary corrections in the eligible list/rank list in order to rectify the errors that occurred while preparing the eligible list and rank list. It is further submitted that the advice memos were not issued based on the rank lists published on 26.04.2022, 27.04.2022 and 10.05.2022 since certain errors were detected in the selection process already carried out. Smt. Fazia M.Aliyar was one of the candidates who submitted a complaint before the Board with regard to non-inclusion of her name in the eligible list. The complaint was verified and found that she was eligible to be W.P.(C) No.36903, 37050 & 38477 of 2022 12 included in the list. Thereupon, Ext.R1(a) erratum notification was issued by the Board on 23.06.2022 including Smt. Fazia M.Aliyar also in the eligible list and her name was also forwarded to the respective banks and the revised rank list was published. Examinations are being conducted in a very transparent manner and carbon copies of the OMR sheets are being served to the candidates immediately after the examination. Revised eligible list/rank list has happened to be issued only when mistakes were brought to the notice of the Board. After OMR valuation the marks obtained by the candidates were entered manually while preparing an eligible list of candidates as a result some candidates who secured higher marks were left out of the eligible list/ranked list and subsequently disciplinary action was initiated against the delinquent officers, DR/Secretary, AR/Controller of Examination and Computer Operator. After detailed examination two annual increments of Sri.K.Saheer, Computer Operator was withheld and DR, Secretary, AR/Controller of Examination were served with explanation memos. It is further stated that the intention of the Board was to conduct a fair and transparent examination. 6. A counter affidavit has been filed by the additional 7[th] respondent wherein it is contended that the admission ticket for the examination was issued on 29.03.2021 and the OMR test was conducted on 17.04.2021. It took nearly 9 months to publish Ext.P3 shortlist which came on 12.01.2022. When the list was published an W.P.(C) No.36903, 37050 & 38477 of 2022 **==> picture [15 x 11] intentionally omitted <==** online complaint was uploaded by the 7[th] respondent as is evident from Ext.R7(b). But later it was notified by Google that the said mail could not be delivered as the recipient’s mailbox was overloaded as is evident from Ext.R7(c). It is contended that when Exts.P8 to P12 rank lists were published with marks, several complaints were raised by others. It is in the said circumstance that the Board did not issue advice memos and later based on Ext.P17 addendum notification candidates were called for interview and thereafter Ext.R7(g) advice memo was issued to the 7[th] respondent based on the rank obtained in the written test and interview. Only for the reason that the 7[th] respondent has obtained more marks in the interview, it cannot be said that the selection of the 7[th] respondent is illegal. 7. A counter affidavit has been filed by the additional 8[th] respondent also wherein it is contended that when Exts.P4 to P6 rank lists were published with marks, he personally visited the office of the 3[rd] respondent and made enquiries and he was intimated that several complaints were raised by others and thereupon the Board did not send advice memos to the candidates included in Exts.P4 to P6 rank lists. Later addendum notification was issued and more eligible candidates were included in the eligible list. Thereafter, the interview was conducted and Ext.R8(f) advice memo was issued in favour of the 8[th] respondent. It is further contended that allegation of collusion with respondents 2, 4 and 5 is absolutely without any basis. W.P.(C) No.36903, 37050 & 38477 of 2022 14 8. A statement has been filed by the 1[st] respondent in W.P.(C) No.37050 of 2022. While the process of finalisation of the rank list was undertaken pursuant to the direction issued by this Court in W.P. (C) No.27333 of 2022, one Smt.Fazia M.Aliyar approached this Court filing W.P.(C) No.30838 of 2022 seeking to stay the operation and implementation of addendum notification and appointment of new candidates from the list of category no.4/2020 to the post of System Administrator till the disposal of the writ petition. In the said circumstances, the Board could not take any further action to finalise the rank list and the said writ petition was disposed of on 25.10.2022. Thereafter, the Board filed an extension petition before this Court for implementing the directions in the judgment in W.P.(C) No.27333 of 2022 and the court has granted time up to 01.12.2022. On the basis of the same, it is contended that there is no intentional delay on the part of the Examination Board in issuing the advice memos. It is further contended that the petitioner in W.P.(C) No.37050 of 2022 has scored only 55 marks in the written examination and the first rank holder scored 57 marks and in the revised rank list the first rank holder has scored 71 marks whereas the petitioner has scored only 68 marks. The revised rank list has been issued only to protect the interest of more meritorious candidates. 9. The learned standing counsel for the 1[st] respondent Examination Board would submit that one Fazia M.Aliyar has W.P.(C) No.36903, 37050 & 38477 of 2022 15 approached this Court filing W.P.(C) No.30838 of 2022 alleging that the petitioner is not included in the shortlist for category No.4/2020 for selection and appointment to the post of System Administrator and she prayed for quashing Ext.P11 addendum notification dated 31.08.2022 whereby fresh candidates were included and this Court recorded the submission of the learned standing counsel for the petitioner, that the petitioner, Fazia M.Aliyar is shortlisted in at least four different Co-operative Societies, disposed of the writ petition to finalise the proceedings and to take immediate steps for appointment in accordance with law without any avoidable delay. The said judgment was challenged by the petitioner Fazia M.Aliyar in W.A.No.1660 of 2022 wherein a statement was filed by the Board bringing to the notice of this Court that on a detailed verification of the list of eligible candidates certain errors were found and it is in the said circumstance addendum notification was published on 31.08.2022 and that the list was sent to all concerned banks for conducting the interview. It is further contended therein that errors occurred from the valuation centre were rectified by the Board through erratum and addendum notifications and finally, the Board published the revised rank list. Even though foul play was alleged against the Board in issuing the addendum notification, the Division Bench of this Court opined that there are no materials on record to accept the said contention and held that if the appellant is not satisfied with the rank W.P.(C) No.36903, 37050 & 38477 of 2022 **==> picture [15 x 11] intentionally omitted <==** now given to her, it is open to the appellant to contest the selection process itself, if so advised and granting such liberty, the appeal was closed. On the basis of the said judgment dated 06.12.2022 in W.A.No.1660 of 2022, it is the contention of the standing counsel for the 1[st] respondent Board that the challenge against the erratum notification was repelled by the Division Bench and therefore the said decision rendered by the Division Bench is applicable in the facts and circumstances of the present case also. 10. I have heard the learned counsel on both sides. 11. It is true that going by the various statements/affidavits filed by the 1[st] respondent Co-operative Service Examination Board, it is revealed that on complaints received by the Board, they decided to conduct detailed verification of the eligible candidates and at that point of verification it was found that certain errors have occurred in the eligible list received from the valuation centre and the managing committee of the Examination Board after seeking legal opinion decided to issue an addendum notification for including all eligible candidates in the eligible list. It is also seen that the necessity for issuing an addendum notification was brought to the notice of this Court in W.P(C) No.27333 of 2022 and this Court has accepted the same and issued direction to the Co-operative Service Examination Board to make appointment without delay and to take appropriate action in respect of the rank list in question leading to the issuance of W.P.(C) No.36903, 37050 & 38477 of 2022 17 advice memo therefrom or from the addendum list to be issued. It is thereafter an addendum notification was published on 31.08.2022 and was sent to the concerned banks for interview. It is only after conducting interview in respect of the newly included candidates who were also found to be eligible in the verification that revised rank lists were published. I find considerable force in the argument of the learned standing counsel for the 1[st] respondent that the Division Bench of this Court in W.A.No.1660 of 2022 has considered the addendum notification and found that there is no material to suspect any foul play on the part of the 1[st] respondent Co-operative Service Examination Board and the challenge against the addendum notification was not entertained. The learned standing counsel for the 1[st] respondent relied on in the judgment of this Court in _**Lakshmi Devi P.N. v. The Commissioner, Guruvayur Devaswom and others, 2015 KHC 41**_ wherein it is held that any error or mistake that occurred to any administrative authority can be corrected by the concerned authority and the said power to correct the same is inherent in the administrative authority when accidental mistakes are committed by it. Paragraph 14 of the said judgment reads as follows: _“14. It can be seen from the decision of the Apex Court in State of Punjab v. Jagdip Singh, reported in AIR 1964 SC 521, quoted in V.V.Prakasini's case supra and Sasidharan's case supra that the Apex Court has held that where an employee has no right to a post or to a particular status, though an_ W.P.(C) No.36903, 37050 & 38477 of 2022 18 _authority acting beyond its competence had purported to give that person a status to which that person was not entitled to give, he will not in law be deemed to have been validly appointed to the post or given the particular status, etc. The aforementioned decisions of the official respondents in this case, as in Exts.P-8 and P-17 are purely administrative orders on the issues of seniority and promotion etc. and are not quasi-judicial proceedings. Therefore, the legal principles laid down by this Court in V.V.Prakashini's case supra and Sasidharan's case supra and by the Apex Court in Jagdip Singh's case supra and R.R.Verma's case supra, will be squarely applicable in the facts of this case. Hence, the error and mistake that occurred in the issuance of Ext.P-8 reversion order, which led to the reversion of the 4th respondent and the promotion of the appellant in that post, etc. could be corrected by the respondent authority concerned. We fully approve the above stated legal principles laid down by the learned Single Judge (T.L.Viswanatha Iyer, J.) of this Court in paragraph 18 of the V.V.Prakashini's case supra and in paragraphs 7 to 10 of Sasidharan's case supra. Therefore, the learned Single Judge in the impugned judgment was fully right in concluding in para 18 of the impugned judgment that the respondent authority in the instant case was well within its powers to undo the wrong and mistake committed by them in earlier issuing the order of reversion of the 4th respondent as per Ext.P-8 and the thus correcting the mistake in ordering the wrongful promotion granted to the appellant. Thus it can be seen that the impugned Ext.P-17 interfering with Ext.P-8 and upholding the promotion granted to the 4th respondent does not suffer from any illegality or infirmity, as it has been done only to undo the mistake and wrong committed in the issuance of Ext.P-8. ”_ In the decision in _**S.P.Chengalvaraya Naidu**_ ’s case supra relied on by the petitioners in support of their contention, the Apex W.P.(C) No.36903, 37050 & 38477 of 2022 19 Court was considering a situation where a judgment or decree has been obtained by playing fraud on the court and held that the same is a nullity and non est in the eye of law. In the facts and circumstances of these cases as enumerated above, I do not find that the said judgment is applicable. In view of the above, I am of the opinion that the petitioners are not entitled to any of the reliefs sought for in these writ petitions and are accordingly dismissed. Sd/- **VIJU ABRAHAM** **JUDGE** cks W.P.(C) No.36903, 37050 & 38477 of 2022 20 ## **`APPENDIX OF WP(C) 36903/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1A TRUE COPY OF THE NOTIFICATION NO: CSEB/N & L/900/19/3/2020, 4/2020, 5/2020 DATED 29/09/20020, (CATEGORY 4/4020-SYSTEM ADMINISTRATOR), ISSUED BY CSEB. Exhibit P2A TRUE COPY OF THE ADMISSION TICKET FOR THE TEST ISSUED BY THE CSEB BEARING REGISTER NO: 46144. Exhibit P3A TRUE COPY OF THE SHORT LIST ISSUED BY THE CSEB FOR THE POST OF SYSTEM ADMINISTRATOR(4/2020) ON 12/01/2022 Exhibit P4A TRUE COPY OF THE INTERVIEW CALL LETTER FROM THE KATHIRUR SCB TO THE PETITIONER Exhibit P5A TRUE COPY OF THE INTERVIEW CALL LETTER FROM THE KASARGODE PUBLIC SERVANTS CO-OPERATIVE SOCIETY TO THE PETITIONER Exhibit P6A TRUE COPY OF THE INTERVIEW CALL LETTER FROM THE VILVATTAM SERVICE CO- OPERATIVE BANK TO THE PETITIONER . Exhibit P7A TRUE COPY OF THE INTERVIEW CALL LETTER FROM THE PERTA SERVICE CO- OPERATIVE BANK TO THE PETITIONER Exhibit P8A TRUE COPY OF THE RANK LIST FOR THE POST OF SYSTEM ADMINISTRATOR ISSUED ON 27/4/2022 FOR THE KASARGOD PUBLIC SERVANTS CO-OPERATIVE SOCIETY Exhibit P9A TRUE COPY OF THE RANK LIST FOR THE POST OF SYSTEM ADMINISTRATOR ISSUED ON 27/4/2022 FOR THE VILVATTAM SCB. Exhibit P10A TRUE COPY OF THE RANK LIST FOR THE POST OF SYSTEM ADMINISTRATOR ISSUED ON 10/5/2022 FOR THE KATHINAR SCB ``` W.P.(C) No.36903, 37050 & 38477 of 2022 21 ``` Exhibit P11A TRUE COPY OF THE RANK LIST FOR THE POST OF SYSTEM ADMINISTRATOR ISSUED ON 27/4/2022 FOR THE PERLA SCB. Exhibit P12A TRUE COPY OF THE RANK LIST FOR THE POST OF SYSTEM ADMINISTRATOR ISSUED ON 26/4/2022 FOR THE KOTTAYAM CO- OPERATIVE URBAN BANK. Exhibit P13A TRUE COPY OF THE MEMORANDUM OF WPIC) NO: 26093 OF 2022 WITHOUT EXHIBITS. Exhibit P14A TRUE COPY OF THE JUDGMENT DATED 12/8/2022 IN WP(C) NO: 26093 OF 2022. Exhibit P15THE TRUE COPY OF THE MEMORANDUM OF THE WPIC) NO: 27333 OF 2022 WITHOUT EXHIBITS. Exhibit P16A TRUE COPY OF THE JUDGMENT DATED 31/8/2022 IN THE WP(C) NO: 27333 OF 2022. Exhibit P17A TRUE COPY OF THE ADDENDUM PUBLISHED BY THE CSEB 31/08/2022 IN RESPECT OF SYSTEM ADMINISTRATOR Exhibit P18A TRUE COPY OF THE WRITTEN SUBMISSION SUBMITTED BY THE PETITIONER ON 1/10/2022 BEARING THE ACKNOWLEDGEMENT OF THE CSEB. Exhibit P19A TRUE COPY OF THE REVISED RANK LIST DATED 8/11/2022 PUBLISHED BY THE CSEB IN RESPECT OF SYSTEM ADMINISTRATOR IN KATHIRUR SCB. Exhibit P20A TRUE COPY OF THE REVISED RANK LIST DATED 8/11/2022 PUBLISHED BY THE CSEB IN RESPECT OF SYSTEM ADMINISTRATOR IN KASARGOD PUBLIC SERVANTS COOPERATIVE SOCIETY . Exhibit P21A TRUE COPY OF THE REVISED RANK LIST DATED 8/11/2022 PUBLISHED BY THE CSEB IN RESPECT OF SYSTEM ADMINISTRATOR IN VILVATTAM SCB. ``` W.P.(C) No.36903, 37050 & 38477 of 2022 22 ``` Exhibit P22A TRUE COPY OF THE REVISED RANK LIST DATED 8/11/2022 PUBLISHED BY THE CSEB IN RESPECT OF SYSTEM ADMINISTRATOR IN PERLA SCB Exhibit P23A TRUE COPY OF THE QUESTION LETTER DATED 3/09/2022 Exhibit P24A TRUE COPY OF THE ANSWER LETTER NUMBER CSEB/EX/GL/2322/2022 DATED 06/10/2022 Exhibit P25A TRUE COPY OF THE PROVISIONAL SHORTLIST PRODUCED BY THE CSEB FOR ANOTHER POST Exhibit P26A TRUE COPY OF THE FINAL SHORT LIST PUBLISHED BY CSEB FOR THE POST OF SYSTEM ADMINISTRATOR(CATEGORY NO:12/2021). EXHIBIT- P27A true copy of the question dated 1/1/2023 EXHIBIT- P28A true copy of the answer letter number CSEB/Ex-GL/04/23 EXHIBIT- P27A true copy of the RTI application dated 1/1/2023 EXHIBIT- P28A true copy of the RTI reply dated nil with number CSEB/Ex-GL/04/23 RESPONDENT EXHIBITS Exhibit R1(a)True copy of the Erratum Notification dated 23.06.2022 Exhibit R1(b)A true copy of the letter no. CSEB/Estt/Qst/A/2732/2022 on 09.11.2022 Exhibit R1(c)A true copy of the application from Fazia M Aliyar Exhibit R1(d)A true copy of the representation received from Akshaya B Exhibit R1(e)A true copy of the resolution No. 2 of the Co-operative Service ``` W.P.(C) No.36903, 37050 & 38477 of 2022 23 ``` Examination Board dated 04.08.2022 Annexure R1(a)A true copy of the erratum notification dated 23.06.2023 Annexure R1(b)A true copy of the addendum notification dated 31.08.2022 Exhibit R7(a)A true copy of the Admission Ticket issued by the CSEB Exhibit R7(b)A true copy of the Complaint uploaded by the 7th respondent along with the attachments Exhibit R7(c)A true copy of the Delivery fail message received by the 7th respondent Exhibit R7(d)A true copy of the Call letter for interview dated 14.9.2022 issued by the Kadirur Co-operative Bank Exhibit R7(e)A true copy of the Call letter for interview dated 27.9.2022 issued by the Vilavattam Co-operative Bank Exhibit R7(f)A true copy of the Call letter for interview dated 29.10.2022 issued by the Kottayam Co-operative Urban Bank Exhibit R7(g)A true copy of Advice memo from Vilavattom Service Co-operative Bank dated 9.11.2022 Exhibit R8(a)A true copy of the Admission Ticket issued by the CSEB Exhibit R8(b)A true copy of the Call letter for interview dated 14.9.2022 Kadirur Service Co-operative Bank Exhibit R8(c)A true copy of the Call letter for interview dated 19.9.2022 Perla Service Co-operative Bank Exhibit R8(d)A true copy of the Call letter for interview dated 26.9.2022 issued by the Kasargod Public Servants Co- ``` W.P.(C) No.36903, 37050 & 38477 of 2022 ## 24 ``` operative Bank ``` ``` Exhibit R8(e)A true copy of the Call letter for interview dated 27.9.2022 issued by the Vilavattam Service Co-operative Bank ``` ``` Exhibit R8(f)True copy of the Advice memo from Kadirur Service Co-operative Bank, No.F.1262 issued by the Kerala State Cooperative Service Examination Board dated 9.11.2022 ``` W.P.(C) No.36903, 37050 & 38477 of 2022 25 ## **`APPENDIX OF WP(C) 37050/2022`** ``` PETITIONER EXHIBITS Exhibit P1A TRUE COPY OF THE NOTIFICATION NOC CSEB/N & L/900/19/3/2020, 4/2020, 5/2020 DATED 29/09/2020, (CATEGORY NO: 4/4020-SYSTEM ADMINISTRATOR), ISSUED BY CSEB. Exhibit P2A TRUE COPY OF THE ADMISSION TICKET FOR THE TEST ISSUED BY THE CSEB BEARING REGISTER NO: 46181. Exhibit P3A TRUE COPY OF THE SHORT LIST ISSUED BY THE CSEB FOR THE POST OF SYSTEM ADMINISTRATOR(4/2020) ON 12/01/2022. Exhibit P4A TRUE COPY OF THE INTERVIEW CALL LETTER FROM THE VILVATTEM SERVICE CO- OPERATIVE BANK TO THE PETITIONER. Exhibit P5A TRUE COPY OF THE RANK LIST FOR THE POST OF SYSTEM ADMINISTRATOR ISSUED ON 27/4/2022 FOR THE VILVATTAM SCB. Exhibit P6A LETTER DATED 25/6/2022 FROM CSEB TO THE PETITIONER. Exhibit P7A TRUE COPY OF THE MEMORANDUM OF WP(C) NO: 26093 OF 2022 WITHOUT EXHIBITS. Exhibit P8-A TRUE COPY OF THE JUDGMENT DATED 12/8/2022 IN WP(C) NO: 26093 OF 2022. Exhibit P9THE TRUE COPY OF THE MEMORANDUM OF THE WP(C) NO: 27333 OF 2022 WITHOUT EXHIBITS. Exhibit P10A TRUE COPY OF THE JUDGMENT DATED 31/8/2022 IN. THE WP(C) NO: 27333 OF 2022. Exhibit P11A TRUE COPY OF THE ADDENDUM PUBLISHED BY THE CSEB ON 31/08/2022 IN RESPECT OF SYSTEM ADMINISTRATOR. ``` W.P.(C) No.36903, 37050 & 38477 of 2022 26 |`Exhibit P12`|`A TRUE COPY OF THE QUESTION LETTER`| |---|---| ||`DATED 3/09/2022.`| |`Exhibit P13`|`A TRUE COPY OF THE ANSWER LETTER`| ||`NUMBER CSEB/EX/GL/2322/2022 DATED`| ||`06/10/2022.`| |`Exhibit P14`|`A TRUE COPY OF THE QUESTION LETTER`| ||`DATED 19/7/2022.`| |`Exhibit P15`|`A TRUE COPY OF THE ANSWER LETTER`| ||`NUMBER CSEB/EX/GL DATED 26/8/2022.`| |`Exhibit P16`|`A TRUE COPY OF THE REVISED RANK LIST`| ||`DATED 8/11/2022 PUBLISHED BY THE CSEB`| ||`IN RESPECT OF SYSTEM ADMINISTRATOR IN`| ||`VILVATTAM SCB.`| ## **`RESPONDENTS’ EXHIBITS`** ## **`EXT.R1(a) A TRUE COPY OF THE ERRATUM NOTIFICATION DATED 23.06.2022`** W.P.(C) No.36903, 37050 & 38477 of 2022 27 ## **`APPENDIX OF WP(C) 38477/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1A TRUE COPY OF THE ADMISSION TICKET ISSUED TO THE PETITIONER BY THE CSEB BEARING THE REGISTER NO: 46144 FOR THE WRITTEN TEST. ``` ``` Exhibit P2A TRUE COPY OF THE INTERVIEW CALL LETTER FROM THE KOTTAYAM CO-OPERATIVE URBAN BANK TO THE PETITIONER. Exhibit P3A TRUE COPY OF THE RANK LIST PUBLISHED BY THE CSEB FOR THE POST OF SYSTEM ADMINISTRATOR(4/2020) ON 26/4/2022 IN KOTTAYAM CO-OPERATIVE URBAN BANK. ``` ``` Exhibit P4A TRUE COPY OF THE JUDGMENT DATED 12/8/2022 IN WPC NO: 26093 OF 2022. Exhibit P5A TRUE COPY OF THE JUDGMENT DATED 31/8/2022 IN WPC NO: 27333 OF 2022. Exhibit P6A TRUE COPY OF THE QUESTION LETTER DATED 19/7/2022 Exhibit P7A TRUE COPY OF THE ANSWER LETTER DATED 26/8/2022. ``` ``` Exhibit P8A TRUE COPY OF THE QUESTION UNDER RTI ACT DATED 3/9/2022. ``` ``` Exhibit P9A TRUE COPY OF THE ANSWER FROM THE CSEB DATED 6/10/2022. Exhibit P10A TRUE COPY OF THE REVISED RANK LIST ``` ``` A TRUE COPY OF THE REVISED RANK LIST FOR THE POST OF SYSTEM ADMINISTRATOR DATED 25/11/2022 ISSUED BY CSEB IN KOTTAYAM CO-OPERATIVE URBAN BANK ```