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High Court of KeralaSingle JudgeWrit petitions disposed with direction to appro...

Sheeja K.B. v. State of Kerala and Others (W.P.(C) Nos. 10759/2020, 10565/2020, 13196/2020)

Case / Petition Number:WP(C) Nos. 10759/2020; 10565/2020; 13196/2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran
Judgment Date
2022-06-17
Court Decision / Holding
The petitions are disposed by directing the petitioners to pursue Section 69 arbitration under the Kerala Co-operative Societies Act; the court closes the writ petitions in their current form but allows Sasikala C.P.’s promotion and probation to remain subject to the final decision of the Arbitration Forum. The court also grants Sheeja K.B. liberty to approach the competent arbitration authority, with a commitment to expedite disposal within eight months, to decide the qualification issues and related inputs, following due procedure.
Final Disposition
Writ petitions disposed with direction to approach Section 69 Arbitration under the Kerala Co-operative Societies Act for qualification disputes; Sasikala C.P.’s promotion and probation to be governed by the arbitration outcome; Sheeja K.B. may apply to the Arbitration Forum; eight-month timeline for disposal of the arbitration proceedings; petitions closed insofar as merits are concerned, subject to arbitration result.

Parties to the Case

Appellants / Petitioners

  • Smt. Sheeja K.B.
  • Smt. Sasikala C.P.

Respondents

  • State of Kerala
  • Registrar of Co-Operative Societies (Thiruvananthapuram)
  • Joint Registrar of Co-Operative Societies (General) (Ernakulam)
  • Pallippuram Service Co-Operative Bank Ltd. (Cherai)
  • Board of Directors, Pallippuram Service Co-Operative Bank Ltd.
  • Sasikala C.P.

Legal Representation & Advocates

Counsels for Petitioners

  • • Not listed

Counsels for Respondents

  • • Jackson Johny
  • • Athul Shaji
  • • M.M. Monaye
  • • M. Paul Varghese
  • • T.A. Shaji (Sr.)

Case Synopsis & Summary

These three linked writ petitions before the Kerala High Court challenge the promotions for the post of Internal Auditor at Pallippuram Service Co-operative Bank and scrutinize the qualifications of Sasikala C.P., who was promoted, in comparison with the petitioner Sheeja K.B., who alleges denial of promotion. Sasikala’s promotion rests on a qualification from Madurai Kamaraj University obtained through distance education; Sheeja contends such a qualification cannot be treated as valid under the applicable rules and cites Godwin Samraj v. Abdul Salam to argue against accepting distance-education credentials. A third petition by Sasikala seeks an equivalency certificate, but the court notes Ext.P12 (the Madurai University judgment) may obviate the need for equivalency, and that the University has not responded to the Bank’s inquiry. The Court highlights a genuine dispute about the qualification’s authenticity and notes that Article 226 cannot resolve academic legitimacy when the University is not a party. It directs that the matter be referred to a competent Arbitration Forum under Section 69 of the Kerala Co-operative Societies Act to evaluate inputs and documents. Consequently, the court closes the petitions (subject to the Forum’s final decision), with Sasikala’s promotion and probation to be governed by that decision, and Sheeja granted liberty to pursue arbitration within a defined timeline.

Provisions of Law Cited

Section 69 of the Kerala Co-operative Societies ActKerala Co-operative Societies Rules, Rule 186Article 226 of the Constitution of India

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Sasikala C.P.’s promotion hinges on a qualification obtained via distance education from Madurai Kamaraj University, which cannot be accepted for the post of Internal Auditor in view of established precedents (notably Godwin Samraj v. Abdul Salam). They argue the genuineness and equivalency of Sasikala’s credentials require verification, which cannot be properly adjudicated in a writ petition since the university is not a party and the Bank has sought verification but received no response. Given these complexities, the petitioners urge referral to Section 69 of the Kerala Co-operative Societies Act for arbitration, enabling an expert examination of the inputs and documents to determine the qualification’s validity and relevance. They request a timely resolution, asserting that the arbitration process is the proper forum for determining eligibility and preventing arbitrary promotions.

Contentions of Respondents

The respondents contend that Sasikala C.P.’s promotion was based on qualifications deemed valid by the Bank, though questioned by the petitioners. They note the Bank’s attempts to obtain verification from Madurai Kamaraj University, which has not yet responded, and emphasize that an academic qualification dispute falls outside the ambit of Article 226 and should be resolved by an expert forum. They advocate for Section 69 arbitration to evaluate the authenticity and equivalence of the contested qualifications and related documents, maintaining that due process and due procedure require a neutral determination by the Arbitration Forum before any final promotion decisions. They rely on the unresolved status of the university’s verification and the need to protect procedural integrity and institutional processes.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Godwin Samraj v. Abdul Salam2015 (1) KLT SN 56PositiveCited and relied upon by the court to argue that a distance-education qualification may not meet the required standard for acceptance, thereby supporting the argument that Sasikala C.P.’s qualification may not be readily accepted without scrutiny.
W.P(C) 71/2018W.P(C) 71/2018 (dated 07/02/2020)Mentioned OnlyReferenced in the Appendix as the judgment in W.P(C) 71/2018; used as background material rather than a controlling authority in the present decision.

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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 DEVAN RAMACHANDRAN FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944** **WP(C) NO. 10759 OF 2020** ## **PETITIONER:** SHEEJA K.B., AGED 47 YEARS, W/O.KANNAN, RESIDING AT KUMBALATHU PARAMBIL, CHERAI - 683 514. ACCOUNTANT, PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.760, CHERAI P.O., PIN - 683 514. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM - 695 001. 3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ERNAKULAM, KAKKANAD, KOCHI - 682 030. 4 PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.760 CHERAI P.O., PIN - 683 514, REPRESENTED BY ITS SECRETARY. 5 BOARD OF DIRECTORS, PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.760, CHERAI P.O., PIN - 683 514, REPRESENTED BY ITS PRESIDENT. 6 SASIKALA C.P., W/O.LATHEESH KUMAR, AGED 45 YEARS, ACCOUNTANT, PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.760, CHERAI P.O., PIN - 683 514. SRI.ATHUL SHAJI SRI.MUHAMMED YASIL SRI.JACKSON JOHNY ## **RESPONDENTS:** THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).10565/2020, 13196/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10759 OF 2020 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944** ## **WP(C) NO. 10565 OF 2020** ## **PETITIONER:** SASIKALA C.P., AGED 45 YEARS W/O. LATHEESH KUMAR P.K., WORKING AS ACCOUNTANT, PALLIPPURAM SERVICE COOPERATIVE BANK-760, CHERAYI P.O. - 683 614 RESIDING AT PANANGATUPARAMBIL HOUSE, PUKKATTU ROAD, NORTH PARAVUR, ERNAKULAM - 683 513. BY ADV JACKSON JOHNY ## **RESPONDENTS:** 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA, TRIVANDRUM-695 001 ADVOCATEGENERALKERALA@GMAIL.COM 2 THE REGISTRAR OF CO-OPERATIVE SOCIETY OFFICE OF THE REGISTRAR CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 014, KERALAARCS.COOP@KERALA.GOV.IN. 3 ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETY OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETY FORT KOCHI ERNAKULAM DISTRICT-682 001. 4 THE PALLIPURAM SERVICE CO-OPERATIVE BANK LTD.NO.760 REPRESENTED BY ITS SECRETARY, CHERAYI P.O., ERNAKULAM DISTRICT-683514. PALLIPURAMSCB@GMAIL.COM 5 ADDL. R5. SHEEJA K.B, W/O KANNAN, AGED 47 YEARS, RESIDING AT KUMBALATHU PARAMBIL, CHERAI 683 514. ACCOUNTANT, PALLIPPURAM SERVICE CO-OPERATIVE WP(C) NO. 10759 OF 2020 3 BANK LTD.NO.760, CHERAI P.O., PIN-683514 [ADDL.R5 IS IMPLEADED AS PER ORDER DATED 03/06/2020 IN IA 1/2020]. SRI.T.A.SHAJI (SR.) SRI.M.M.MONAYE SRI.ATHUL SHAJI SRI.M.PAUL VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).10759/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10759 OF 2020 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 17[TH] DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WP(C) NO. 13196 OF 2020** ## **PETITIONER:** SHEEJA K.B., AGED 47 YEARS, W/O. KANNAN, RESIDING AT KUMBALATHU PARAMBIL, CHERAI 683 514, ACCOUNTANT, PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.760, CHERAI P.O., PIN-683514. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE ## **RESPONDENTS:** - 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695 001. 3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ERNAKULAM, KAKKANAD, KOCHI-682 030. 4 PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD.NO.760 CHERAI P.O., PIN-683 514, REPRESENTED BY ITS SECRETARY. 5 BOARD OF DIRECTORS, PALLIPPURAM SERVICE COOPERATIVE BANK LTD.NO.760, CHERAI P.O., PIN-683 514, REPRESENTED BY ITS PRESIDENT. 6 SASIKALA C.P., AGED 45 YEARS, W/O. LATHEESH KUMAR, ACCOUNTANT, PALLIPPURAM SERVICE COOPERATIVE BANK LTD.NO.760, CHERAI P.O., PIN-683 514. WP(C) NO. 10759 OF 2020 5 SRI.ATHUL SHAJI SRI.JACKSON JOHNY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, ALONG WITH WP(C).10759/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10759 OF 2020 6 ## **JUDGMENT** ## **[WP(C) Nos.10759/2020, 10565/2020, 13196/2020]** Among the afore three writ petitions, W.P.(C) Nos.13196/2020 and 10759/2020 have been filed by Smt.Sheeja K.B. alleging that she has been denied promotion to the post of Internal Auditor in the services of the Pallippuram Service Co-operative Bank Ltd. (for short 'Bank') and further challening the promotion of Smt.Sasikala C.P. to such position, alleging that she is not qualified to hold the said post under the provisions of Rule 186 of the Kerala Cooperative Societies Rules (KCS Rules for short). As far as the third writ petition is concerned, namely W.P.(C) No.10565/2020, it has been filed by the aforementioned Smt.Sasikala C.P., seeking a direction to the Bank to submit an equivalency certificate with respect to her qualifications, but before this Court today, she takes the stand through - her learned counsel - Smt.Amrutha Arun – that, on account of Ext.P12 judgment, such an equivalency certificate is not necessary. 2. From the uncontested facts involved in these cases, it is evident that Smt.Sasikala C.P. has already been granted the promotion, denying it to Smt.Sheeja K.B. It appears that WP(C) NO. 10759 OF 2020 7 Smt.Sasikala C.P. has been accomodated, based on a qualification which she has obtained from the Madurai Kamaraj University and on the strength of an interim order of this Court. 3. Sri.Athul Shaji - learned standing counsel for the Bank, however, submitted that his client has already written to the Madurai Kamaraj University to verify the genuineness of the certificate produced by Smt.Sasikala C.P., but added that no such information has yet been received. 4. When I evaluate the afore submissions and the materials available on record, it is clear that the real dispute between the parties is as to the qualification of Smt.Sasikala C.P. It is the specific case of Sri.M.M.Monaye - learned counsel for Smt.Sheeja K.B., that since it has been concededly obtained under a Distance Education Programme, the qualification of Smt.Sasikala C.P. cannot be accepted in view of the judgment of this Court in **Godwin Samraj v. Abdul Salam** [2015 (1) KLT SN 56]; and further that the Madras High Court has held that the certificates produced by Smt.Sasikala C.P. are not genuine. 5. In the context of the afore, it is clear that there is a valid dispute between the parties and that it has been WP(C) NO. 10759 OF 2020 8 impelled by Smt.Sheeja K.B. This certainly requires an enquiry, particularly as to the genuineness and validity of the qualification and certificates relied upon and produced by Smt.Sasikala C.P. This cannot be done by this Court while it acts under Article 226 of the Constitution of India, particularly when the Madurai Kamaraj University is not a party in any of these cases and since the Bank says that, in spite of their request, the said University has not responded to them. 6. I am, therefore, of the firm view that Smt.Sheeja K.B. must approach the competent Arbitrator/Arbitration Court under the provisions of Section 69 of the Kerala Co-operative Societies Act, so that all these issues can be properly evaluated by the said Forum, which certainly obtains the statutory power to assess and evaluate necessary and germane inputs and documentary materials. 7. Resultantly, leaving liberty to Smt.Sheeja K.B. - petitioner in W.P.(C) Nos.13196/2020 and 10759/2020, to approach the competent Authority under Section 69 of the KCS Act, I close these writ petitions; further ordering that the promotion given to Smt.Sasikala C.P. – petitioner in W.P.(C) No.10565/2020, as also her probation declared in such post, WP(C) NO. 10759 OF 2020 9 shall abide by the final decision to be taken by the said Forum, subject to her available contentions and remedies. Needless to say, if Smt.Sheeja K.B. moves the jurisdictional Forum under Section 69 of the KCS Act, every endevour shall be made by it to dispose of the said dispute within a period of eight months from then, following due procedure. **Sd/- DEVAN RAMACHANDRAN** **JUDGE** stu WP(C) NO. 10759 OF 2020 10 ## **APPENDIX OF WP(C) 10565/2020** PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE JOINING ORDER DATED 26.3.1998. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 1.3.2008. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 18.4.2016. EXHIBIT P4 A TRUE COPY OF THE STAFF SENIORITY LIST OF THE 4TH RESPONDENT BANK AS ON 25.5.2020. - EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 5.7.2018 SUBMITTED BEFORE THE 4TH RESPONDENT. - EXHIBIT P6 A TRUE COPY OF THE DEGREE CERTIFICATE DATED 15.11.2019. - EXHIBIT P7 A TRUE COPY OF THE ONLINE APPLICATION DETAILS FOR THE EQUIVALENCY CERTIFICATE. - EXHIBIT P8 A TRUE COPY OF THE REQUEST - EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 25.5.2020 SUBMITTED BEFORE THE 4TH RESPONDENT. - EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED 26.5.2020 SUBMITTED BEFORE THE 3RD RESPONDENT. Exhibit P11 TRUE COPY OF THE JUNIOR DIPLOMA CERTIFICATE IN CO-OPERATION Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 07/02/2020 IN W.P(C) 71/2018 Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 01/06/2020 SUBMITTED BEFORE THE 4TH RESPONDENT WP(C) NO. 10759 OF 2020 11 ## **APPENDIX OF WP(C) 13196/2020** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 5.10.2002 TO THE POST OF JUNIOR CLERK OF THE PETITIONER. - EXHIBIT P2 TRUE COPY OF THE ORDER DATED 1.4.2010 PROMOTING THE PETITIONER TO THE POST OF SENIOR CLERK. - EXHIBIT P3 TRUE COPY OF THE ORDER DATED 31.3.2018 PROMOTING THE PETITIONER TO THE POST OF ACCOUNTANT. - EXHIBIT P4 TRUE COPY OF THE DEGREE CERTIFICATE OF BACHELOR OF COMMERCE DATED 29.9.1994. - EXHIBIT P5 TRUE COPY OF THE DEGREE CERTIFICATE OF MASTER OF COMMERCE DATED 5.8.1998. - EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF HIGHER DIPLOMA IN CO-OPERATION DATED 24.8.2002. - EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF TRAINING DATED 13.4.2018. - EXHIBIT P8 TRUE COPY OF THE CERTIFICATE OF QUALIFYING EXAMINATION DATED 5.3.2019. - EXHIBIT P9 REQUEST OF THE PETITIONER DATED 15.5.2020. - EXHIBIT P10 REPRESENTATION OF THE PETITIONER DATED 15.5.2020. - EXHIBIT P11 TRUE COPY OF THE FEEDER CAGEGORY RULES SATED 21.1.2012. - EXHIBIT P12 TRUE COPY OF THE PROMOTION ORDER EST:41/97 DATED 18.4.2016. WP(C) NO. 10759 OF 2020 12 RESPONDENTS' EXHIBITS: EXT.R6(A) TRUE COPY OF THE CLARIFICATION LETTER DATED 06.09.2018 WP(C) NO. 10759 OF 2020 13 ## **APPENDIX OF WP(C) 10759/2020** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 5/10/2002 TO THE POST OF JUNIOR CLERK. - EXHIBIT P2 TRUE COPY OF THE ORDER DATED 1/4/2010 PROMOTING THE PETITIONER TO THE POST OF SENIOR CLERK. - EXHIBIT P3 TRUE COPY OF THE ORDER DATED 31/3/2018 PROMOTING THE PETITIONER TO THE POST OF ACCOUNTANT. - EXHIBIT P4 TRUE COPY OF THE DEGREE CERTIFICATE OF BACHELOR OF COMMERCE DATED 29/9/1994. - EXHIBIT P5 TRUE COPY OF THE DEGREE CERTIFICATE OF MASTER OF COMMERCE DATED 5/8/1998. - EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF HIGHER DIPLOMA IN CO-OPERATION DATED 24/8/2002. - EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF TRAINING DATED 13/4/2018. - EXHIBIT P8 TRUE COPY OF THE CERTIFICATE OF QUALIFYING EXAMINATION DATED 5/3/2019. - EXHIBIT P9 REQUEST OF THE PETITIONER DATED 15/5/2020. - EXHIBIT P10 REPRESENTATION OF THE PETITIONER DATED 15/5/2020. RESPONDENTS' EXHIBITS: EXHIBIT-R6(A) TRUE COPY OF THE CLARIFICATION LETTER DATED 06/09/2018 EXHIBIT-R6(B) TRUE COPY OF THE STAFF SENIORITY LIST DATED 25/05/2020 PUBLISHED BY THE BANK WP(C) NO. 10759 OF 2020 14 EXHIBIT-R6(C) TRUE COPY OF THE DEGREE CERTIFICATE EXHIBIT-R6(D) TRUE COPY OF THE JUNIOR DIPLOMA IN COOPERATION CERTIFICATE EXHIBIT-R6(E) TRUE COPY OF THE TRAINING CERTIFICATE 13/04/2018 BY THE KIMB ALAPPUZHA EXHIBIT-R6(F) TRUE COPY OF THE JUDGMENT IN W.P(C) 71/2018 DATED 07/02/2020 EXHIBIT-R6(G) TRUE COPY OF THE STAFF PATTERN ORDER DATED 03/03/2020