Shine S. Babu v. Kerala Public Service Commission

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR & THE HONOURABLE MR. JUSTICE SATHISH NINAN** **FRIDAY, THE 28TH DAY OF OCTOBER 2016/6TH KARTHIKA, 1938** **WA.No. 2094 of 2016 () IN WP(C).25702/2016 -------------------------------------------AGAINST THE JUDGMENT IN WP(C) 25702/2016 DATED 30-08-2016 -----------** **APPELLANT(S)/PETITIONERS :-** **----------------------------** **1. SHINE S.BABU, AGED 47 YEARS, S/O. C.B.SADASIVAN, ROHINI, 21/ZENANA ENCLAVE, KURISUMUTTAM ROAD, VILAVOORKAL VILLAGE, PERUKAVU P.O.,** - **THIRUVANANTHAPURAM.** **2. MUHAMMED K.P., AGED 47 YEARS, S/O. MAMADKUTTY, KARAMUTTATHU HOUSE, KARIPPARAMBU, UGRAPURAM P.O., AREACODE, MALAPPURAM.** **3. MANEESH MATHEW, AGED 34 YEARS, S/O.A.P.MATHEW, AROMKUZHIKAL HOUSE, VALLICHIRA P.O., PALA, KOTTAYAM.** **4. JOSEPH P.J., AGED 54 YEARS, S/O.P.J.JOSEPH, PADATHU HOUSE, TSRA B128, ST. ANTONY'S LINK ROAD, THYKKOODAM, VYTILA P.O., ERNAKULAM.** **BY ADVS.SRI.S.ABHILASH SRI.K.SIJU SRI.PRATHEESH.P SMT.S.SEETHA SMT.RENY ANTO SRI.SREEKANTH** **RESPONDENT(S)/RESPONDENT :- ----------------------------** **KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, PIN - 695 033 REPRESENTED BY ITS SECRETARY** **BY SRI.P.C.SASIDHARAN, SC** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28-102016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **MOHAN M. SHANTANAGOUDAR, C.J & SATHISH NINAN, J.** **------------------------------------------------------W.A. No.2094 of 2016 --------------------------------Dated this the 28[th] day of October 2016** ## **J U D G M E N T** ## **Mohan M. Shantanagoudar, C.J** This writ appeal is filed by the petitioners in W.P.(C) No.25702 of 2016 against the judgment dated 30.8.2016 passed therein. 2. The records reveal that a gazette notification was issued on 30.4.2010 as per Ext.P2, inviting applications for two posts of Deputy General Manager in the Kerala State Co-operative Bank Ltd. The qualifications prescribed in the said notification for the aforementioned post reads thus :- “1. Masters Degree in Business Administration or any other equivalent qualification recognized by the Universities in Kerala, OR Membership of the Institute of Chartered Accountants of India, OR Membership of the Institute of Cost and Works Accountants of India. 2. Experience of not less than three years in Managerial/Supervisory Cadre in Co-operative Institutions/ Scheduled Banks/Govt/Quasi Govt. Institutions/Public Limited Companies.” In this matter, we are concerned about the 2[nd] qualification relating to experience. W.A. No.2094 of 2016 -: 2 :- 3. The appellants/writ petitioners applied for the aforesaid posts pursuant to the above gazette notification. The experience certificate produced by the first appellant is found at Ext.P5. The said certificate makes it clear that he was working as Sales Executive in the Kerala Feeds Limited, Kallettumkara, Thrissur under the pay scale of `10790-18000/- as on the date of filing of the application. It is beneficial to refer to the Experience Certificate (Ext.P5) for better understanding of the matter on hand and the same reads thus :- ## “Experience Certificate Name of company : Kerala Feeds Limited, Kallettumkara, Thrissur. Reg No.& Date of registration: 09-09521 of 1995, 13-10-1995. Sri/Smt. Shine S. Sabu, Shine Nivas, Malluserry P.O., Kottayam (candidates name and address), the above named person is working in the Kerala Feeds Limited, Kallettumkara as Sales Executive (Managerial and Supervisory Cadre) in the pay scale Rs.10790- 18000 salary from 07-09-1998 to still continuing. Signature along with date of the certificate issuing person. Place : Kallettumkara Date : 28-06-2011 (office seal) No. 479/2011 W.A. No.2094 of 2016 ## -: 3 :- ## Verification It is hereby certified that Sri Shine S. Babu named in the above experience certificate is in the service of this institution in the above stated period as sales executive and the same is verified from records kept under Rule/Act under which the owner/employer required to maintain by way of register Muster roll (name of such register) I am entitled to verify the records kept in this office regarding pay and remuneration of employees as per the rules K. I. E(N+FH) issued by the Kerala/Central Govt. The name, date and signature of the officer. Place : Ayyanthole Designation, office Date : 29-06-2011 (office seal)” According to the appellants, they have the requisite qualifications to be appointed as Deputy General Manager as prescribed in Ext.P2 gazette notification and therefore, they ought to have been appointed. 4. It is not in dispute that the appellants were shortlisted at the first instance. However, on a scrutiny of the experience certificate produced by them and taking into consideration the experience needed for being appointed as Deputy General Manager in the office of the Apex Co-operative Bank, the candidature of the appellants came to be rejected on the ground that their experience is not related to banking sector and also not related to the nature of W.A. No.2094 of 2016 -: 4 :- duties to be performed by a Deputy General Manager. Exts.P1, P8 and P9 are the communications sent to the writ petitioners/ appellants by the Kerala Public Service Commission in respect of rejection of their applications. Aggrieved by the same, the writ petitioners approached this Court by filing the aforesaid writ petition, which came to be dismissed by the impugned judgment, against which, this writ appeal is filed. 5. Learned counsel for the appellants argues that the experience prescribed under the gazette notification inviting applications is satisfied by them, inasmuch as they had worked in the capacity of Sales Executive (Managerial and Supervisory cadre). Since the qualifications prescribed under Ext.P2 clearly reveal that the candidates should have experience in managerial/supervisory cadre in Co-operative Institutions/Scheduled Banks/Govt/Quasi Govt. Institutions/Public Limited Companies and as they are having managerial and supervisory experience, they should have been considered for appointment as Deputy General Manager. 6. The said submissions are opposed by the learned Standing Counsel appearing for the Kerala Public Service Commission. ## W.A. No.2094 of 2016 -: 5 :- 7. The first portion of Ext.P5 experience certificate discloses that the first appellant had got experience as Sales Executive (Managerial and Supervisory cadre). The second portion of the said document relates to verification. The authorised officer has certified therein that the first appellant was in the service of Kerala Feeds Limited (a public limited company) as Sales Executive, but, there is no mention with regard to managerial or supervisory cadre. The Officer has clearly mentioned that the first appellant was a sales executive but there is no mention that he had managerial experience or supervisory experience. 8. It has been held by the Division Bench of this Court in **District Co-operative Bank, Palakkad** v. **Dinesh M. and others** [2012 (3) KHC 627 (DB)] that the experience prescribed in Ext.P1 therein has to be read and understood with reference to the nature of employment, so much so, the Court can take judicial notice of the fact that the experience as sales executive is not the one which is suitable for the appointment of General Manager of the Bank. The experience required for the post of Deputy General Manager and General Manager of Co-operative banks of this type should be in banking and finance and not in sales or marketing. ## W.A. No.2094 of 2016 -: 6 :- It is not in dispute that the selected and appointed candidates were having managerial/supervisory experience, whereas, the appellants had got experience in sales only, as is clear from Ext.P5 experience certificate. There cannot be any dispute with regard to eligibility criteria as also the procedure for selection prevailing on the date of vacancy, which should ordinarily be followed. In the matter on hand, it is clearly stated in the column of eligibility that the candidate should have experience in managerial and supervisory cadre. The two posts to be filled up are in the category of Deputy General Manager in the Kerala State Co-operative Bank Ltd. It is needless to observe that the bank in question is the Apex Cooperative Bank in the State. The nature of constitution, the stake holders and magnitude of operations will have to be kept in mind while making appointments therein. More than 500 societies all over the State are stated to have been affiliated to this. More than 50 branches apart from mobile banks, hundreds of regular employees and multiple Crores of public deposits are with the said Bank. Multiple Crores of investments are also stated to have been made at the Bank. Ends of justice should be met while making appointments. Since the persons to be accommodated to such posts W.A. No.2094 of 2016 -: 7 :- need to be fit and fully qualified, the learned Single Judge is justified in not interfering with the decision of the selection committee. The decision of the Selection Committee should be final in the matter of selection, though, it cannot act arbitrarily. In the case on hand, we do not find any arbitrariness or illegality on the part of the Public Service Commission while making selection to the aforesaid two posts. Hence, no interference is called for. The appeal fails and stands dismissed. **Sd/MOHAN M. SHANTANAGOUDAR CHIEF JUSTICE** **Sd/SATHISH NINAN JUDGE** //TRUE COPY// P.A. TO JUDGE Jvt/31.10.2016