High Court of KeralaDivision BenchAppeals dismissed.

RINSY K M v. CO-OPERATIVE SERVICE EXAMINATION BOARD & OTHERS (WA Nos. 1807/2023, 1816/2023 & 1817/2023)

Case / Petition Number:WA Nos. 1807/2023, 1816/2023, 1817/2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Amit Rawal
  • C.S. Sudha
Judgment Date
2024-01-24
Court Decision / Holding
Appeals dismissed. The court upheld the Division Bench’s conclusion that the revised rank list, with addenda and erratum, was legally permissible and that Rule 182(4)(vii)/(viii) does not compel filling all vacancies; a liberty to challenge the selection, if desired, was left open to the appellants.
Final Disposition
Appeals dismissed.

Parties to the Case

Appellants / Petitioners

  • RINSY K M
  • KRISHNASHRI B

Respondents

  • The Co-operative Service Examination Board
  • Vilvattam Service Co-operative Bank Ltd
  • Kasaragod Public Servants Co-Operative Society Ltd
  • Perla Service Co-Operative Society Ltd
  • Kottayam Urban Co-operative Bank Ltd
  • Kathirur Service Co-Operative Bank Ltd
  • Mevis Joseph
  • Fazia M. Aliyar

Legal Representation & Advocates

Counsels for Petitioners

  • • Paul Abraham Vakkanal
  • • Abraham Vakkanal (Sr.)
  • • Vineetha Susan Thomas

Counsels for Respondents

  • • Smt. SYLAJA SL

Case Synopsis & Summary

Three intra-court appeals arise from a common decision dated 11.09.2023 by which the Single Judge dismissed writ petitions challenging a revised rank list for appointment of System Administrators in six Co-operative Banks/Societies. The appellant in WA 1807, Rinsy K M, and the appellant in WA 1816/2023, Krishnashri B, challenged the Co-operative Service Examination Board’s revised rank list, published after addenda and an erratum, on grounds of non‑compliance with Rule 182(4)(vii) and (viii) of the Kerala Co-operative Societies Rules, 1969 and alleged malpractices in marking and ranking. Fazia M. Aliyar and other petitioners joined later petitions contending that addenda/errata and revised lists were improper. The Board asserts revisions were necessary to correct calculation errors and ensure transparency, following hearings and a prior direction. The Division Bench rejected the appeals, holding that the rule does not compel filling all vacancies and that revised rank lists, addenda, and errata may be legally valid. The Division Bench dismissed the appeals, while noting that the petitioners are free to challenge the selection in accordance with law. The judgment also discusses the role of errata, addenda, and the need to maintain merit and transparency; The court emphasises that any further challenge could be made under law.

Provisions of Law Cited

Rule 182(4)(vii) of the Kerala Co-operative Societies Rules, 1969Rule 182(4)(viii) of the Kerala Co-operative Societies Rules, 1969

Legal Doctrines & Maxims

  • Fraud cannot be allowed to be perpetrated (S.P. Chengalvaraya Naidu v. Jagannath and Others, 1994 (1) SCC 1)
  • Rule 182(4)(vii)/(viii) does not impose an obligation to fill all vacancies (Chittur Primary Co-operative Agricultural and Rural Development Bank Ltd v. State of Kerala, 2016(4) KLT SN 42)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contend that the Examination Board was bound to follow Rule 182(4)(vii) & (viii) and to issue advice memos/appointment letters within the prescribed time; they claim the Board had undertaken not to revise the list and that the revised rank list (with Erratum/Addendum) was illegal and tainted by errors in marks. They seek set aside of the revised list and challenge any further action that may affect their ranking.

Contentions of Respondents

The respondents argue that the revision was necessary to correct errors revealed by complaints and hearing; the revised rank list, published on 08-11-2022 after due hearing and the Erratum/Addendum, ensures transparency and fairness; the rules do not obligate filling every vacancy and the original rank list may be legally superseded by a corrected list.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Chittur Primary Co-operative Agricultural and Rural Development Bank Ltd v. State of Kerala2016(4) KLT SN 42PositiveCited as settled law that Rule 182(4)(vii) does not impose an obligation on co-operative societies to fill all vacancies.
S.P. Chengalvaraya Naidu v. Jagannath and Others1994 (1) SCC 1PositiveCited to support the proposition that fraud cannot be allowed to be perpetrated; relied upon by the respondents to counter fraud allegations.

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Extracted Judgment Text

Exact text extracted from official judgment records.

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE AMIT RAWAL ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE C.S. SUDHA WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ``` WA NO. 1807 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT IN WP(C) 37050/2022 OF HIGH COURT OF ``` ``` KERALA ``` ## _`APPELLANT(S)/PETITIONER:`_ ``` RINSY K M., AGED 31 YEARS, W/O THARY LIJACK AKBAR, RESIDING AT POKAKKILLATH HOUSE, P.O, KURIACHIRA, THRISSUR DISTRICT, PIN 680006. BY ADVS. PAUL ABRAHAM VAKKANAL ABRAHAM VAKKANAL (SR.) VINEETHA SUSAN THOMAS ``` ## _`RESPONDENT(S)/RESPONDENT(S):`_ ``` 1THE CO-OPERATIVE SERVICE EXAMINATION BOARD, KERALA STATE COOPERATIVE BANK BUILDING, O VER BRIDGE, THIRUVANANTHAPURAM-695001. REPRESENTED BY ITS SECRETARY. 2VILVATTAM SERVICE CO-OPERATIVE BANK LTD NO:337, THRISSUR, PIN-680 028, REPRESENTED BY ITS SECRETARY., PIN – 680028 3MEVIS JOSEPH, CHITTILAPPILLI HOUSE, THOLUR, THRISSUR., PIN – 680552 4FAZIA 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., PIN – 673635 ``` ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 2 ``` ``` BY ADVS. SMT.SYLAJA SL, SC - CO-OPERATIVE SERVICE EXAMINATION BOARD. ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WA.1816/2023, 1817/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 3 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE AMIT RAWAL ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE C.S. SUDHA WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ``` WA NO. 1816 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT IN WP(C) 36903/2022 OF HIGH ``` ``` COURT OF KERALA ``` ## _`APPELLANT(S)/PETITIONER:`_ ``` KRISHNASHRI B., AGED 43 YEARS D/O B.V.BALAKRISHNAN, RESIDING AT AMBADY HOUSE, NETTOOR (P.O), ERNAKULAM, KERALA., PIN – 682040 BY ADVS. PAUL ABRAHAM VAKKANAL ABRAHAM VAKKANAL (SR.) VINEETHA SUSAN THOMAS ``` ## _`RESPONDENT(S)/RESPONDENT(S):`_ ``` 1THE CO-OPERATIVE SERVICE EXAMINATION BOARD, KERALA STATE CO-OPERATIVE BANK BUILDING, OVER BRIDGE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY., PIN – 695001 2KATHIRUR SERVICE CO-OPERATIVE BANK LTD NO: F- 1262, KADIRUR (P.O), KANNUR, REPRESENTED BY ITS SECRETARY., PIN – 670642 3KASARAGOD PUBLIC SERVANTS CO-OPERATIVE SOCIETY LTD NO:C-290, KASARGOD (P.O), REPRESENTED BY ITS SECRETARY., PIN – 671121 4PERLA SERVICE CO-OPERATIVE SOCIETY LTD NO: C- ``` ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 4 ``` - _`3377, PERLA(P.O), KASARGOD, REPRESENTED BY ITS SECRETARY., PIN – 671552`_ - _`5 VILVATTAM SERVICE CO-OPERATIVE BANK LTD NO:337, THRISSUR, REPRESENTED BY ITS SECRETARY., PIN – 680028`_ - _`6 ADDL. R6. AKSHAYA B.R, SACHIN NIVAS, KAIRALI NAGAR, PILATHARA, KANNUR., PIN – 670504`_ - _`7 ADDL. R7.SHRI.MEVIS JOSEPH, CHITTILAPPILLI HOUSE, THOLUR, THRISSUR., PIN – 680552`_ - _`8 ADDL.R8. SHRI.MUNEER P. PARAMEL THENDAN, POOZHITHALA, AZHIYOOR(P.O.), VADAKARA, KOZHIKKODE., PIN – 673309`_ - _`9 ADDL. R9. SMT.FAZIA M. ALIYAR, PEERU VEEDU, PETTA, PATHANAMTHITTA(P.O.). ( ADDL. R6 TO R9 IMPLEADED AS PER ORDER DATED 1912-2022 IN IA 1/2022 IN WP(C) 36903/22)., PIN – 689648 BY ADVS. SMT.SYLAJA SL, SC - CO-OPERATIVE SERVICE EXAMINATION BOARD.`_ ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WA.1807/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 5 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT ``` ``` THE HONOURABLE MR. JUSTICE AMIT RAWAL ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE C.S. SUDHA WEDNESDAY, THE 24[TH] DAY OF JANUARY 2024 / 4TH MAGHA, 1945 ``` ``` WA NO. 1817 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT IN WP(C) 38477/2022 OF HIGH ``` ``` COURT OF KERALA ``` ## _`APPELLANT(S)/PETITIONER:`_ ``` KRISHNASHRI B AGED 43 YEARS D/O B.V.BALAKRISHNAN, RESIDING ATAMBADY HOUSE, NETTOOR (P.O), ERNAKULAM, KERALA – 682040. BY ADVS. PAUL ABRAHAM VAKKANAL ABRAHAM VAKKANAL (SR.) VINEETHA SUSAN THOMAS ``` ## _`RESPONDENT(S)/RESPONDENT(S):`_ ``` 1CO-OPERATIVE SERVICE EXAMINATION BOARD, KERALA STATE CO-OPERATIVE BANK BUILDING, OVER BRIDGE, THIRUVANANTHAPURAM-695001. REPRESENTED BY ITS SECRETARY, PIN-695 001 2KOTTAYAM URBAN CO-OPERATIVE BANK LTD NO: 421, KOTTAYAM; REPRESENTED BY ITS SECRETARY., PIN – 686001 3MEVIS JOSEPH, CHITTILAPPILLI HOUSE, THOLUR, THRISHUR., PIN – 680552 ``` - _`4 FAZIA M ALIYAR, W/O ANAS MUHAMMED KARIM,`_ ``` WA NO.1807/2023, 1816 OF 2023 ``` ## _`& 1817 OF 2023`_ ``` 6 ``` ``` NOW RESIDING AT QUARTERS NO:D-37, CALICUT UNIVERSITY CAMPUS, THENJIPPALAM P.O, MALAPPURAM, FROM PEERUVEEDU, PETTA, PATHANAMTHITTA (P.O)., PIN – 673635 ``` ``` 5JERIN.K.JOSE, (ADDRESS NOT KNOWN TO THE PETITIONER, REFERENCE EXT:P10). PETITIONER CONTACTED CSEB FOR THEIR ADDRESS BUT THEY DECLINED TO GIVE. 6ANISH .T.S., (ADDRESS NOT KNOWN TO THE PETITIONER, REFERENCE EXT:P10) PETITIONER CONTACTED CSEB FOR THEIR ADDRESS BUT THEY DECLINED TO GIVE. BY ADVS. SMT.SYLAJA SL, SC - CO-OPERATIVE SERVICE EXAMINATION BOARD. ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.01.2024, ALONG WITH WA.1807/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO.1807/2023, 1816 OF 2023 & 1817 OF 2023 ``` ``` 7 ``` ## **JUDGMENT** [WA Nos.1807/2023, 1816/2023, 1817/2023] ## **Amit Rawal, J.** 1. Three intra court appeals have been preferred against common decision dated 11.09.2023 by deciding three writ petitions, W.P.(C)No.38477/2022 and W.P. (C)No.36903/2022 by the appellant in W.A.Nos.1816/23 and 1817/23 Krishnashri.B and W.P.(C)No.30705/2022 by appellant in W.A.1807/23 namely Rincy.K.M, whereby the Single Judge did not agree with the contention for setting aside the revised rank list. 2. Facts leading to the filing of the writ petition on behalf of the appellants/petitioners are that the respondentCo-operative Service Examination Board caused a notification by inviting application for appointment of System Administrators in various service Co-operative Banks/Societies (6 in number). The procedure prescribed for appointment was written test and interview. After conducting written test, final seniority list was published, in ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 8 ``` which the name of Krishnashri.B appellant/petitioner in two writ petitions was included and was called for interview by call letter. Thereafter, on three (3) dates ie., on 26.04.2022, 27.04.2022 and 10.05.2022 rank lists were published Exts.P8, P9, P10, P11 and P12. Appellants/petitioners were higher in the rank list in respect of the following few Cooperative Societies. The marks obtained by Krishnashri and one Ranjith along with whom she filed W.P(C).26093/22 challenging the rank lists, in a few Societies are as follows: |Sl.<br>No.|Name of Society|Marks<br>for<br>Krishnashri|Marks<br>for<br>Krishnashri|Marks<br>for<br>Ranjith|Marks<br>for<br>Ranjith| |---|---|---|---|---|---| |||Written<br>test|Inter<br>view|Written<br>test|Inter<br>view| |1|Kasaragod Public Servants<br>Co-operative Society|53.5|7|53.5|5| |2|Vilavattam Service Co-<br>operative Society|53.5|12|53.5|6| |3|Kadirur<br>Service<br>Co-<br>operative Society|53.5|5|53.5|5| |4|Perla<br>Co-operative<br>Society, Kasaragod|53.5|13|53.5|14| |5|Kottayam<br>Co-operative<br>Urban Bank|53.5|9|53.5|14| ``` WA NO.1807/2023, 1816 OF 2023 & 1817 OF 2023 ``` ``` 9 ``` 3. One Fazia M.Aliyar who was a candidate suspecting that she had also done well in the written test and the interview, submitted an application Ext.R1(c) supported by an affidavit in W.P.(C)No.2733/2022 requested the Board to supply the OMR Sheet. On realisation that there was some errors, Erratum notification was issued by the Examination Board for including the name of Fazia.M.Aliyar in the eligible list. Rule 182(4)(vii) of the Kerala Co-operative Societies Rules obliges the Examination Board to issue advice memo and appointment letter within a period of one month of the issuance of rank list. Certain complaints as per the stand of the Examination Board were submitted on behalf of the candidates and it was found that there were errors, for, candidates namely Anish, Mevis Joseph, Muneer and Rincy who scored following marks 57.50, 57, 56.50 and 55 were not permitted in the eligible list. 4. Krsihnashri.B and Ranjith.M had approached this Court through W.P.(C)No.26093/2022 whereby interference was sought for issuing the advice memo. On the basis of the ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` **==> picture [16 x 9] intentionally omitted <==** undertaking given by the learned counsel for the Examination Board, this Court vide judgment dated 12.08.2022 disposed of the writ petition by directing that the department would come out with revised rank list. Liberty was also granted to the appellant/petitioner to approach again. Since no action was taken by the Examination Board appellant/petitioner Krishnashri.B and Ranjith.M had again knocked the door of this Court in W.P. (C)No.27333/2022 seeking direction to the respondents to take a call on the rank list Exts.P8 to P10. In the aforementioned writ petition, learned counsel representing the Examination Board submitted that there was certain errors and addendum would be published. Noticing that facts the court disposed of the writ petition on 31.08.2022 giving opportunity to the appellants/petitioners to be heard before finalising the rank list. 5. On the same date, respondents published the list of the eligible candidates and thereafter, on 08.11.2022, after giving opportunity of hearing to all the affected parties, ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` **==> picture [16 x 9] intentionally omitted <==** came out with a revised rank list whereby the rank of the appellants/petitioners have been changed. In other words, they have been kept below the candidates who had scored more marks by adding written test and interview, which lead to challenge of revised rank list by approaching this Court in W.P(C).No.36903/2022 with regard to certain co-operative societies and another one through W.P.(C)No.38477/2022. Similarly Rincy also approached this Court as noticed above through W.P.(C)No.37050/2022. All the aforementioned writ petitions have been disposed of by the learned Single Judge. On the basis of the application submitted by Fazia.M.Aliyar for supply of OMR Sheet, her name was included in the selected candidates by issuing Addendum and Erratum dated 23.06.2022. Fazia.M.Aliyar filed W.P. (C)No.30838/2022. Her grievance was that in the previous seniority list her name was not included. But Court noticing that the respondent had already come out with a revised Erratum, disposed of the writ petition by issuing direction to the Recruitment Board to take immediate steps for ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 12 ``` appointment as warranted without avoidable delay. 6. The aforementioned order was assailed before the Division Bench of this Court Annexure-A11 in W.A. (C)No.1660/2022. This Court noticing that the respondent Board had already published the revised rank list on 08.11.2022 after receiving interview marks of the candidates including the Erratum and Addendum notifications and the name of Fazia.M.Aliyar was shown as Rank No.2 in Kadirur Service Co-operative Bank and rank No.2 in Vilavattam Service Co-operative Society, Thrissur, closed writ appeal with liberty to challenge the selection process in case the appellant/petitioner is not able to achieve the selection. 7. Noticing all the aforesaid facts, learned Single Bench found that there was no illegality on behalf of Examination Board in not adhering to the provisions of Rule 182(4)(vii) of the Kerala Co-operative Societies Rule, 1969, in not issuing the advice memo and appointment letters within a period of one month, dismissed the aforesaid writ ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` **==> picture [16 x 9] intentionally omitted <==** petitions. It is in that background, three intra court appeals are before us. 8. Learned Senior Counsel representing the appellants in support of the examination has raised the following submissions: 1. Examination Board is obliged to comply with the provisions of Rule 182(4)(vii) and therefore there was violation of Rule. 2. Examination Board through the counsel had already given undertaking that they have no intention to come out with a revised rank list. There is a bungling in the preparation of rank list and requires a deep probe. 3. During the pendency of W.P. (C)No.36903/2022, this Court vide order dated 02.03.2023 directed the respondent to file affidavit showing details ie., publication of short list original and revised, receipt of complaints, expected ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 14 ``` decision taken by the Board to re-evaluate and leading to publication of addendum notification dated 31.08.2022. The affidavit filed in response to the order Ext.R1(C) was enclosed which do not reflect any copy of the complaint except an application submitted by Fazia.M.Aliyar for supply of OMR Sheet. No explanation has come forth in not issuing the advice memo and appointment letters. Had the Rule aforementioned been strictly followed, multifariousness of the litigation could have been prevented. The lis with regard to the issuance of revised rank list had not reached a quietus as per the judgment Ext.A11 emphatically relied in the impugned judgment. 4. In fact, respondents have attempted to play fraud which cannot be allowed to be perpetrated in view of the judgment of Hon’ble Supreme Court in **S.P.Chengalvaraya Naidu** v. J **agannath and others** [1994 (1) SCC 1]. ``` WA NO.1807/2023, 1816 OF 2023 & 1817 OF 2023 ``` **==> picture [16 x 9] intentionally omitted <==** 9. On the other hand, learned counsel appearing on behalf of the Examination Board supported their action and submitted that in view of the stand taken in paragraph 3 of the affidavit filed in response to the interim order dated 02.03.2023, which would reveal that many candidates had obtained higher marks in the written examination and by calculating the marks obtained in the interview had scored higher rank than the one already shown in the previous rank list and necessity arose to correct that error by issuing the revised rank list on 08.11.2022. In fact, the date on which the judgment in W.P.(C).No.27333/2022 was passed ie., on 31.08.2022, only a revised list of candidates whose name were omitted was published. However, an opportunity of hearing was given and only after hearing, revised rank list was published on 08.11.2022. The Erratum notification issued to ensure transparency of selection process also upheld the merit of all the candidates. Had an action been taken by issuing advice memo and appointment letter in the previous rank list, the entire selection process by written ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 16 ``` examination and viva could have been quashed at the behest of the candidates who secured higher marks. Examination Board supported the judgment whereby the claim of the appellants/petitioners have been rejected. 10. We have heard the learned counsel for the parties and appraised the paper books. 11. Rule 182(4)(vii) and (viii) reads as under: ## Rule 182(4) (vii) & (viii) - (vii) On the basis of the consolidated list of candidates the Examination Board shall prepare the rank list of candidates and publish the same in the notice board of the Examination Board within a period of twenty days from the date of preparation of such consolidated mark list. The Examination Board shall sent one copy of the rank list so published to the societies concerned. Examination Board will advice such list of candidates based on the vacancies reported by the respective societies. The list shall be valid for a period of two years from the date of publication of the same by the Examination Board. - (vii) All appointments to the vacancies shall be made by the committee from the select list so published; within one month from the date of such publication and shall be reported to the Examination Board.” ## 12. It is settled law that as per the judgment rendered ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 17 ``` in **Chittur Primary Co-operative Agricultural and Rural Development Bank Ltd** . v. **State of Kerala** [2016(4) KLT SN 42], that said Rule does not impose any obligation or duty on co-operative society to fill up all or any of the vacancies for which selection process was finalized. Candidates who participate in the selection process either through written test and viva and after having undergone the selection process cannot be permitted to volte-face and challenge the same on the premise that the minimum marks given in the written examination and viva was not in accordance with the Rules or otherwise. There is a tendency amongst the un-selected candidates to indulge into litigation on alleged vindication. There have also been cases where Examination Board have been remiss in not preparing the selection list as meritorious candidates were omitted, the said error came to light only after examining the issue under consideration when litigation at the instance of Fazia M.Aliyar additional respondent No.9 in W.P. (C)No.36903/2022 was filed resulting into an order, as ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 18 ``` noticed above, and judgment by the Division Bench, whereby question of revised rank list was noticed. For the sake of brevity, the operative part of the judgment rendered in W.A.No.1660/2022 Annexure A11 reads as under: “The learned counsel for the appellant, however submits that the entire selection process is vitiated and that the petitioner ought to have been given the first rank on the basis of the marks obtained. He also alleges that it is because of foul play by the Board that the appellant was not given the first rank. We do not have any material on record to accept the said contention. If the appellant is not satisfied with the rank now given to her and which is evident from Exts.R3(a) and R3(b), it will be open for the appellant to contest the selection process, if so advised. Granting such liberty, the writ appeal is closed. “ 13. Learned Single Bench relied upon the aforementioned judgment to say that if at all the appellants/petitioners are aggrieved, they are at liberty to challenge the selection but not the revised rank list. There would have been another round of litigation on behalf of meritorious candidates in case the error at the behest of the Examination Board had not been rectified. Post in all the Cooperative society was one. The rank list was valid for a ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` **==> picture [16 x 9] intentionally omitted <==** period of two years. Figuring of name in the rank list would not give right for appointment, it is only an intimation to the candidates of their score/rating in the written and viva test. We do not thus find any illegality and perversity in the judgment of Single Bench or in the process of Examination Board in issuing the Addendum and revised rank list giving cause to the appellants/petitioners to challenge the judgment in the writ petition. Accordingly appeals are dismissed. However, we put a caveat that the appellants/petitioners are at liberty to challenge the selection, if so advised, in accordance with law. **Sd/-** **AMIT RAWAL JUDGE** **Sd/-** **C.S. SUDHA JUDGE** nak ``` WA NO.1807/2023, 1816 OF 2023 & 1817 OF 2023 ``` ``` 20 ``` ## _`APPENDIX OF WA 1816/2023`_ |_`PETITIONER ANNEXURES`_|_`PETITIONER ANNEXURES`_| |---|---| |_`Annexure 1`_|_`TRUE COPY OF THE INTERVIEW CALL LETTER`_| ||_`GIVEN TO SMT.FAZIA M ALIYAR (R9 HERE)`_| ||_`DATED 30-6-2022 FROM THE KADIRUR SCB.`_| |_`Annexure 2`_|_`TRUE COPY OF THE INTERVIEW CALL LETTER`_| ||_`GIVEN TO SMT.FAZIA M ALIYAR (R9 HERE)`_| ||_`DATED 01-07-2022 FROM VILVATTAM SCB.`_| |_`Annexure 3`_|_`TRUE COPY OF THE INTERVIEW CALL LETTER`_| ||_`GIVEN TO SMT.FAZIA M ALIYAR (R9 HERE)`_| ||_`DATED 30-6-2022 FROM THE KOTTAYAM CO-`_| ||_`OPERATIVE URBAN BANK.`_| |_`Annexure A4`_|_`TRUE COPY OF THE ORDER DATED 02-03-2023`_| ||_`IN WP(C) 36903/2022.`_| |_`Annexure A5`_|_`TRUE COPY OF THE AFFIDAVIT DATED 12-04-`_| ||_`2023 FILED BY R1 IN WP(C) 36903/2022.`_| |_`Annexure A5(a)`_|_`A TRUE COPY OF THE COMPLAINT DT. 17-1-`_| ||_`2022 SAID TO HAVE BEEN FILED BY SMT.`_| ||_`FAZIA AND PRODUCED AS EXT.P5 IN`_| ||_`WP(C).NO. 30838/2022 BY HER.`_| |_`Annexure A6`_|_`TRUE COPY OF THE RANK LIST DATED 17-05-`_| ||_`2022 OF KORATTY SERVICE CO-OPERATIVE`_| ||_`BANK.`_| |_`Annexure A6(a)`_|_`TRUE COPY OF THE ADVICE MEMO DATED 26-`_| ||_`05-2022.`_| |_`Annexure A7`_|_`TRUE COPY OF THE RANK LIST OF CHITHARA`_| ||_`SERVICE CO-OPERATIVE BANK LTD. 2818,`_| ||_`KOLLAM FOR THE POST OF SYSTEM`_| ||_`ADMINISTRATOR DATED 20-04-2021.`_| |_`Annexure A8`_|_`TRUE COPY OF THE QUESTIONS DT. 01-01-`_| ||_`2023 UNDER RTI ACT.`_| |_`Annexure A9`_|_`TRUE COPY OF THE REPLY RECEIVED DT. NIL`_| ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` 21 ``` ## _`& 1817 OF 2023`_ ``` Annexure A10TRUE COPY OF THE JUDGMENT DATED 25-10- 2022 IN WP(C) NO. 30838/2022. Annexure A11TRUE COPY OF THE JUDGEMENT DATED 06-12- 2022 IN W.A NO.1660/2022 ARISING FROM WP(C) NO. 30838/2022. Annexure A12A TRUE COPY OF THE SCREEN SHOT OF THE NEWS ITEM WHICH APPEARED IN MALAYALA MANORAMA ONLINE PAPER ON 10TH JUNE 2023. ``` ``` WA NO.1807/2023, 1816 OF 2023 & 1817 OF 2023 ``` ``` 22 ``` ## _`APPENDIX OF WA 1817/2023`_ ## _`PETITIONER ANNEXURES`_ |_`Annexure A1`_|_`TRUE COPY OF THE INTERVIEW CALL LETTER`_| |---|---| ||_`GIVEN TO SMT.FAZIA M ALIYAR (R4 HERE)`_| ||_`DATED 30-6-2022 FROM THE KADIRUR SCB.`_| |_`Annexure A2`_|_`TRUE COPY OF THE INTERVIEW CALL LETTER`_| ||_`GIVEN TO SMT.FAZIA M ALIYAR (R4 HERE)`_| ||_`DATED 01-07-2022 FROM VILVATTAM SCB.`_| |_`Annexure A3`_|_`TRUE COPY OF THE INTERVIEW CALL LETTER`_| ||_`GIVEN TO SMT.FAZIA M ALIYAR (R4 HERE)`_| ||_`DATED 30-6-2022 FROM THE KOTTAYAM CO-`_| ||_`OPERATIVE URBAN BANK.`_| |_`Annexure A4`_|_`TRUE COPY OF THE ORDER DATED 02-03-2023`_| ||_`IN WP(C) 36903/2022.`_| |_`Annexure A5`_|_`TRUE COPY OF THE AFFIDAVIT DATED 12-04-`_| ||_`2023 FILED BY R1 IN WP(C) 36903/2022.`_| |_`Annexure A5(a)`_|_`A TRUE COPY OF THE COMPLAINT DT. 17-1-`_| ||_`2022 SAID TO HAVE BEEN FILED BY SMT.`_| ||_`FAZIA AND PRODUCED AS EXT.P5 IN`_| ||_`WP(C).NO. 30838/2022 BY HER.`_| |_`Annexure A6`_|_`TRUE COPY OF THE RANK LIST DATED 17-05-`_| ||_`2022 OF KORATTY SERVICE CO-OPERATIVE`_| ||_`BANK.`_| |_`Annexure A6(a)`_|_`TRUE COPY OF THE ADVICE MEMO DATED 26-`_| ||_`05-2022.`_| |_`Annexure A7`_|_`TRUE COPY OF THE RANK LIST OF CHITHARA`_| ||_`SERVICE CO-OPERATIVE BANK LTD. 2818,`_| ||_`KOLLAM FOR THE POST OF SYSTEM`_| ||_`ADMINISTRATOR DATED 20-04-2021.`_| |_`Annexure A8`_|_`TRUE COPY OF THE QUESTIONS DT. 01-01-`_| ||_`2023 UNDER RTI ACT.`_| |_`Annexure A9`_|_`TRUE COPY OF THE REPLY RECEIVED DT. NIL`_| ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 23 ``` ``` Annexure A10TRUE COPY OF THE JUDGMENT DATED 25-10- 2022 IN WP(C) NO. 30838/2022. ``` ``` Annexure A11TRUE COPY OF THE JUDGEMENT DATED 06-12- 2022 IN W.A NO.1660/2022 ARISING FROM WP(C) NO. 30838/2022. ``` ``` Annexure A11(a)TRUE COPY OF THE ADDL. STATEMENT FILED BY R1 THROUGH COUNSEL ON 11-07-2023, AS DIRECTED BY THE COURT IN WP(C).NO. 36903/2022. ``` ``` Annexure A12A TRUE COPY OF THE SCREEN SHOT OF THE NEWS ITEM WHICH APPEARED IN MALAYALA MANORAMA ONLINE PAPER ON 10TH JUNE 2023. ``` ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` & 1817 OF 2023 ``` ``` 24 ``` ## _`APPENDIX OF WA 1807/2023`_ ``` PETITIONER ANNEXURES ``` |_`Annexure A1`_|_`TRUE COPY OF THE INTERVIEW CALL LETTER`_| |---|---| ||_`GIVEN TO SMT.FAZIA M ALIYAR DATED 30-6-`_| ||_`2022 FROM THE KADIRUR SCB.`_| |_`Annexure A2`_|_`TRUE COPY OF THE INTERVIEW CALL LETTER`_| ||_`GIVEN TO SMT.FAZIA M ALIYAR DATED 01-`_| ||_`07-2022 FROM VILVATTAM SCB.`_| |_`Annexure A3`_|_`TRUE COPY OF THE INTERVIEW CALL LETTER`_| ||_`GIVEN TO SMT.FAZIA M ALIYAR DATED 30-6-`_| ||_`2022 FROM THE KOTTAYAM CO-OPERATIVE`_| ||_`URBAN BANK.`_| |_`Annexure A4`_|_`TRUE COPY OF THE ORDER DATED 02-03-2023`_| ||_`IN WP(C) 36903/2022.`_| |_`Annexure A5`_|_`TRUE COPY OF THE AFFIDAVIT DATED 12-04-`_| ||_`2023 FILED BY R1 IN WP(C) 36903/2022.`_| |_`Annexure A5(a)`_|_`A TRUE COPY OF THE COMPLAINT DT. 17-1-`_| ||_`2022 SAID TO HAVE BEEN FILED BY SMT.`_| ||_`FAZIA AND PRODUCED AS EXT.P5 IN`_| ||_`WP(C).NO. 30838/2022 BY HER.`_| |_`Annexure A6`_|_`TRUE COPY OF THE RANK LIST DATED 17-05-`_| ||_`2022 OF KORATTY SERVICE CO-OPERATIVE`_| ||_`BANK.`_| |_`Annexure A6(a)`_|_`TRUE COPY OF THE ADVICE MEMO DATED 26-`_| ||_`05-2022.`_| |_`Annexure A7`_|_`TRUE COPY OF THE RANK LIST OF CHITHARA`_| ||_`SERVICE CO-OPERATIVE BANK LTD. 2818,`_| ||_`KOLLAM FOR THE POST OF SYSTEM`_| ||_`ADMINISTRATOR DATED 20-04-2021.`_| |_`Annexure A8`_|_`TRUE COPY OF THE QUESTIONS DT. 01-01-`_| ||_`2023 UNDER RTI ACT.`_| |_`Annexure A9`_|_`TRUE COPY OF THE REPLY RECEIVED DT. NIL`_| ``` WA NO.1807/2023, 1816 OF 2023 ``` ``` 25 ``` ## _`& 1817 OF 2023`_ ``` Annexure A10TRUE COPY OF THE JUDGMENT DATED 25-10- 2022 IN WP(C) NO. 30838/2022. ``` ``` Annexure A11TRUE COPY OF THE JUDGMENT DATED 06-12- 2022 IN W.A NO.1660/2022 ARISING FROM WP(C) NO. 30838/2022. ``` ``` Annexure A11(a)TRUE COPY OF THE ADDL. STATEMENT FILED BY R1 THROUGH COUNSEL ON 11-07-2023, AS DIRECTED BY THE COURT IN WP(C).NO. 36903/2022. ``` ``` Annexure A12A TRUE COPY OF THE SCREEN SHOT OF THE NEWS ITEM WHICH APPEARED IN MALAYALA MANORAMA ONLINE PAPER ON 10TH JUNE 2023. ```