High Court of KeralaSingle Judge2019-03-22Writ petitions disposed; directed Joint Registr...

Thekkumbhagom Service Co-operative Bank Ltd. v. Registrar of Co-operative Societies; Sunny Michael v. Thekkumbhagom Service Co-operative Bank Ltd.

Case / Petition Number:WP(C).No. 40760 of 2018; WP(C).No. 2460 of 2019

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2019-03-22
Court Decision / Holding: Writ petitions disposed; Joint Registrar of Co-operative Societies to reconsider Ext.P5 proceedings, after affording opportunity to the petitioners and the bank, and decide whether the alleged reservation of a Junior Clerk vacancy complies with Section 80(5) of the KCS Act. The reconsideration should be completed as expeditiously as possible, but not later than one month from receipt of a copy of the judgment.
Final Disposition: Writ petitions disposed; directed Joint Registrar to reconsider Ext.P5 after hearing and determine whether Section 80(5) is complied by the reservation of a Junior Clerk post, to be completed within one month.

Parties to the Case

Appellants / Petitioners

Thekkumbhagom Service Co-operative Bank Ltd.
Sunny Michael

Respondents

Registrar of Co-operative Societies, Thiruvananthapuram
Joint Registrar of Co-operative Societies (General), Kollam
Assistant Registrar of Co-operative Societies (General), Karunagappally, Kollam
Santosh, Vijaya Mandiram, Malibaghom, Chavara South P.O., Kollam District
V. Gireesh Kumar, Parappadiyil Veedu, Puthukkad P.O., Chavara, Kollam District
Thekkumbhagom Service Co-Operative Bank Ltd. (as respondent in WP(C) 2460/2019)

Legal Representation & Advocates

Counsels for Petitioners

• Sri. T.R. Harikumar
• Sri. Adithya Rajeev
• Sri. Arjun Raghavan
• Sri. S. Sanal Kumar
• Smt. Bhavana Velayudhan
• Smt. T.J. Seema

Counsels for Respondents

• Sri. S. Sanal Kumar
• Smt. Bhavana Velayudhan
• Smt. T.J. Seema
• Sri. Bimal K. Nath
• Sri. T.R. Harikumar

Case Synopsis & Summary

This joint judgment disposes of two writ petitions (WP(C) Nos. 40760 of 2018 and 2460 of 2019) filed in the Kerala High Court by Thekkumbhagom Service Co-operative Bank Ltd. and by a prospective candidate, Sunny Michael, challenging and defending the process of appointing Peons/Attenders in the bank. The central issue is compliance with Section 80(5) of the Kerala Co-operative Societies Act (KCS Act) before filling vacancies, particularly in relation to reservation for physically handicapped persons. The bank contends that it had reserved a vacancy in the category of Junior Clerk and issued notifications for recruitment through the Cooperative Examination Board, arguing that this meets the statutory requirement; it cites Enathu Service Co-operative Bank Ltd. v. Sachu (2018) to substantiate the position that reservation could satisfy Section 80(5). The official respondents oppose Ext.P5, an order of the Joint Registrar (General) that interdicted the bank’s attempt to fill posts without clear compliance with Section 80(5). The court, after hearing, directs the Joint Registrar to reconsider Ext.P5, affording hearing to all parties and determine whether the alleged reservation of a Junior Clerk post achieves compliance under Section 80(5). The exercise must be completed promptly, within one month. The judgment thus ensures a fresh reconsideration rather than an immediate substantive determination on the merits of the appointments.

Provisions of Law Cited

Section 80(5) of the Kerala Co-operative Societies Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that the bank’s method of appointing Peons/Attenders without explicit compliance with Section 80(5) of the KCS Act is unlawful. They argue that reservation for physically handicapped candidates and the steps taken to fill the vacancies must be strictly aligned with statutory provisions. In WP(C) 2460/2019, the petitioner (Sunny Michael) asserts eligibility concerns and the bank’s mandate to fill posts only in accordance with the reserved category and the statutory framework, including Ext.P5 which was issued before the petitions. They urge that Ext.P5 be set aside or appropriately vacated only after due process that ensures compliance with the statute and the reservation policy.

Contentions of Respondents

The respondents submit that Ext.P5, which interdicted filling the posts without ensuring Section 80(5) compliance, remains a valid administrative action pending reconsideration. They rely on the bank’s assertion that one Junior Clerk vacancy had been reserved and that a Board notification was issued, implying compliance with Section 80(5). They urge a remand to the Joint Registrar to re-evaluate the matter in light of the new development and to decide whether the reservation suffices to meet the statutory requirement, rather than a direct merits-based appointment.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Enathu Service Co-operative Bank Ltd. v. Sachu	2018 (3) KLT 389	Positive	Court relies on this Division Bench decision to support the bank's contention that reserving a vacancy may fulfill the requirements of Section 80(5) of the KCS Act.
WA No.122/2015	WA No.122/2015	Mentioned Only	Judgment attached as Exhibit P7; not discussed in the reasoning of the 2019 judgment.
WA No.2119/2016	WA No.2119/2016	Mentioned Only	Judgment attached as Exhibit P8; not discussed in the reasoning of the 2019 judgment.

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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 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941** ## **WP(C).No. 40760 of 2018** ## **PETITIONER:** **THEKKUMBHAGOM SERVICE CO-OPERATIVE BANK LTD.No.1731, REPRESENTED BY ITS SECRETARY, CHAVARA SOUTH P.O., KOLLAM DISTRICT-691584.** **BY ADVS. SRI.T.R.HARIKUMAR SRI.ADITHYA RAJEEV SRI.ARJUN RAGHAVAN** ## **RESPONDENTS:** **1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001.** - **2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM-691001.** - **3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KARUNAGAPPALLY, KOLLAM-690518.** - **4 SANTHOSH, VIJAYA MANDIRAM, MALIBAGHOM, CHAVARA SOUTH P.O., KOLLAM DISTRICT-691584.** - **5 V. GIREESH KUMAR, PARAPPADIYIL VEEDU, PUTHUKKAD P.O., CHAVARA, KOLLAM DISTRICT-691583.** **BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA** SRI.BIMAL K.NATH SR.G.P. **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.03.2019, ALONG WITH WP(C).2460/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)Nos.40760 of 2018 & 2460 of 2019 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** # **FRIDAY ,THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941 WP(C).No. 2460 of 2019** ## **PETITIONER:** **SUNNY MICHEAL, AGED 25 YEARS S/O. MICHEAL, MOONNUMOOLA VADAKKATHIL, VADAKKUMBHAGOM, CHAVARA SOUTH P.O., KOLLAM DISTRICT - 691 584.** **BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA** ## **RESPONDENTS:** **1 THE THEKKUMBHAGOM SERVICE CO-OPERATIVE BANK LTD. NO. 1731, REPRESENTED BY ITS SECRETARY, CHAVARA SOUTH P.O., KOLLAM DISTRICT - 691 584. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001. 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM, PIN - 691 001. 4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KARUNAGAPPALLY, KOLLAM - 690 518. BY ADV. SRI.T.R.HARIKUMAR, SC SRI.BIMAL K.NATH-SR.GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.03.2019, ALONG WITH WP(C).40760/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)Nos.40760 of 2018 & 2460 of 2019 3 ## **JUDGMENT** I am disposing of these two writ petitions through this judgment because the factual circumstances in these cases are analogous to each other and because the reliefs to be granted in one will certainly impact the reliefs to be granted in the other. 2. W.P.(C) No.2460/2019 has been filed by a candidate who aspires to be appointed as a Peon/Attender in the services of the first respondent - Thekkumbhagom Service Co-operative Bank Ltd. (for short, 'the Bank'); while W.P.(C) No.40760/2018 has been filed by the Bank impugning Ext.P5 order issued by the Joint Registrar (General) of Co-operative Societies, a copy of which is produced therein on record as Ext.P5 therein. 3. In its crux, the controversy in these cases is as to the alleged attempt of the Bank to appoint persons to the category of Peons/Attenders without complying with Section 80(5) of the Kerala Co-operative Societies Act (for short, 'the KCS Act') and the petitioner in W.P.(C) No.2460/2019 alleges that the applicable reservation for physically handicapped persons had not been made by the Bank while attempting to fill up the vacancies. WP(C)Nos.40760 of 2018 & 2460 of 2019 4 4. In answer to the submissions made by Smt.Bhavana V., the learned counsel appearing for the petitioner in W.P.(C) No.2460/2019 , Sri.T.R.Harikumar, the learned counsel for the Bank submits that the reliefs prayed for in the said writ petition is no longer relevant because the Bank had, even before these writ petitions had been filed, reserved one vacancy in the category of Junior Clerk and that a requisition had been made to the Cooperative Examination Board for filling up such post in terms of law. He adds that pending these writ petitions, a notification has also been issued by the said Board calling for candidates to the posts of Junior Clerk and he says, therefore, that the Mandate of Section 80(5) of the KCS Act has been fully complied with. He relies on the judgment of the Division Bench of this Court in **Enathu Service Co-operative Bank Ltd. v. Sachu** [2018 (3) KLT 389] in substantiation of this contention. 5. The learned senior Government Pleader, appearing on behalf of the official respondents, submits that the challenge of the Bank in W.P.(C) No.40760/2018 is against Ext.P5 order, as per which, the competent Joint Registrar of Co-operative Societies interdicted the attempt of the Bank to fill up the post of Peons/Attenders without complying with Section 80(5) of the KCS WP(C)Nos.40760 of 2018 & 2460 of 2019 5 Act. He says that in the light of the new development stated afore by Sri.T.R.Harikumar, the said Authority will reconsider the matter and decide afresh as to whether the mandate of Section 80(5) has been complied because of one vacancy in the category of Junior Clerk having been reserved, going by the afore cited judgment in **Enathu Service Co-operative Bank Ltd.** (supra). 6. On hearing the learned senior Government Pleader as afore, both Sri.T.R.Harikumar and Smt.Bhavana V. submitted that the practical course of action would be to allow the Joint Registrar to reconsider the matter and to decide the manner in which the appointments to the post of Peons/Attenders in the Bank can be allowed, depending on the question as to whether Section 80(5) of the KCS Act has obtained compliance by the reservation of a post in the category of Junior Clerk or otherwise. In the afore circumstances, I order these writ petitions and direct the Joint Registrar of Co-operative Societies to reconsider Ext.P5 proceedings, after affording an opportunity of being heard to the petitioner as well as to the concerned official of the Bank and to decide whether on account of the alleged reservation of a vacancy in the post of Junior Clerk, the mandate of Section 80(5) of the Act has been complied with and whether the Bank can, WP(C)Nos.40760 of 2018 & 2460 of 2019 6 therefore, be allowed to continue further processes for appointment to the posts of Peons/Attenders. The exercise afore-directed shall be completed by the Joint Registrar as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment. **Sd/- DEVAN RAMACHANDRAN** Stu **JUDGE** WP(C)Nos.40760 of 2018 & 2460 of 2019 7 ## **APPENDIX OF WP(C) 40760/2018** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1 A TRUE COPY OF THE ORDER NO. C.R.P. (2)6580/13/K.DIS. DATED 26/02/2014 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P2 A TRUE COPY OF THE RESOLUTION NO.698 DATED 27/11/2018 OF THE BOARD OF DIRECTORS OF THE SOCIETY.** - **EXHIBIT P3 A TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 27/10/2018.** - **EXHIBIT P4 A TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MATHRUBHUMI DAILY DATED 27/10/2018.** - **EXHIBIT P5 A TRUE COPY OF THE ORDER NO.C.R.P.(2) 9854/2018 DATED 07/12/2018 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P6 A TRUE COPY OF THE INTERIM ORDER DATED 10/12/2018 IN WPC NO.40193/2018.** - **EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 19/07/2018 IN WA NO.122/2015.** - **EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 16/07/2018 IN WA NO.2119/2016.** ## RESPONDENTS' ANNEXURES: - ANNEXURE R2(A) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE SOCIETY WITH RESOLUTION NO.210 DATED 31.12.2011. - ANNEXURE R2(B) RESOLUTION NO.235 DATED 09.11.2012. ## //TRUE COPY// P.A TO JUDGE. WP(C)Nos.40760 of 2018 & 2460 of 2019 8 ## **APPENDIX OF WP(C) 2460/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 26.02.2014.** **EXHIBIT P2 TRUE COPY OF THE ADVERTISEMENT APPEARED IN MALAYALA MANORAMA DATED 27.10.2018.** **EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 08-11-2018 FOR THE POST OF PEON. EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 08.11.2018 FOR THE POST OF ATTENDER.** **EXHIBIT P5 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE ASSESSMENT BOARD DATED 28.10.2016. EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 07.12.2018.** **EXHIBIT P7 TRUE COPY OF THE PHOTOCOPY OF THE RESOLUTION DATED 27.11.2018.** RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE.