W.P.(C) Nos. 32663/2019, 32997/2019 & 35340/2019, High Court of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 19TH DAY OF AUGUST 2020 / 28TH SRAVANA, 1942** ## **WP(C).No.32663 OF 2019(G)** ## **PETITIONERS:** - **1 VISHNU REJI PALLITHEKKETHIL HOUSE, AMAYANNUR P.O., KOTTAYAM DISTRICT.** - **2 VINOD THANKAPPAN KANNANKOL HOUSE, KONGANDOOR P.O., AYARKUNNAM P.O., KOTTAYAM DISTRICT.** **BY ADV. SRI.JOSE J.MATHAIKAL** ## **RESPONDENTS:** - **1 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES KOTTAYAM, PIN-686 002.** - **2 THE AYARKUNNAM SERVICE COOPERATIVE BANK LTD. NO.4147 AYARKUNNAM P.O., KOTTAYAM REPRESENTED BY ITS SECRETARY, PIN-686 564.** - **3 THE BOARD OF DIRECTORS OF THE AYARKUNNAM SERVICE COOPERATIVE BANK LTD.NO.4147 AYARKUNNAM P.O., KOTTAYAM REPRESENTED BY ITS PRESIDENT PIN-686 564.** **R2-3 BY ADV. SRI.GEORGE POONTHOTTAM (SR.) R2-3 BY ADV. SMT.NISHA GEORGE R1 BY GOVT. PLEADER SMT.MABLE C. KURIAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.08.2020, ALONG WITH WP(C).32997/2019(Y), WP(C).35340/2019(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 19TH DAY OF AUGUST 2020 / 28TH SRAVANA, 1942** ## **WP(C).No.32997 OF 2019(Y)** ## **PETITIONER:** **PHILIP THOMAS VALIYILLIL HOUSE, AYARKKUNNAM, KOTTAYAM.** **BY ADVS. SRI.B.S.SWATHI KUMAR SMT.ANITHA RAVINDRAN SRI.HARISANKAR N UNNI SHRI.SREEKUMAR S SMT.P.S.BHAGYA SURABHI** ## **RESPONDENTS:** **1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOTTAYAM-686 001.** **2 THE AYARKKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.4147 HEAD OFFICE, AYARKKUNNAM, KOTTAYAM DISTRICT-686 564 REPRESENTED BY ITS SECRETARY.** **3 THE BOARD OF DIRECTORS OF AYARKKUNNAM SERVICE COOPERATIVE BANK LTD.NO.4147 HEAD OFFICE, AYARKKUNNAM, KOTTAYAM 686 564 REPRESENTED BY ITS PRESIDENT.** **R2-3 BY ADV. SRI.GEORGE POONTHOTTAM (SR.) R2-3 BY ADV. SMT.NISHA GEORGE R1 BY GOVT. PLEADER SMT.MABLE C. KURIAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.08.2020, ALONG WITH WP(C).32663/2019(G), WP(C).35340/2019(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 19TH DAY OF AUGUST 2020 / 28TH SRAVANA, 1942** ## **WP(C).No.35340 OF 2019(N)** ## **PETITIONER:** **CHITHRA BIJU, AGED 31 YEARS W/O. BIJU, RESIDING AT PUTHIYIDATHU HOUSE, PULIYANNOOR PO., THEKKUMMURY, PULIYANNOOR, MEENACHIL, KOTTAYAM DISTRICT, PIN-686 573.** **BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD** ## **RESPONDENTS:** **1 THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN-686 002.** - **2 THE AYARKUNNAM SERVICE CO-OPERATIVE BANK LTD. NO.4147 REPRESENTED BY ITS SECRETARY, AYARKUNNAM PO., KOTTAYAM DISTRICT, PIN-686 564.** - **3 THE BOARD OF DIRECTORS THE AYARKUNNAM SERVICE CO-OPERATIVE BANK LTD., NO.4147, REPRESENTED BY ITS PRESIDENT, AYARKUNNAM P.O., KOTTAYAM DISTRICT, PIN-686 564.** - **R2-3 BY ADV. SRI.GEORGE POONTHOTTAM (SR.) R2-3 BY ADV. SRI.ARUN CHANDRAN** - **R2-3 BY ADV. SMT.NISHA GEORGE R1 BY GOVT. PLEADER SMT.MABLE C. KURIAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.08.2020, ALONG WITH WP(C).32663/2019(G), WP(C).32997/2019(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) Nos.32663, 32997 & 35340 of 2019 = = = = = = = = = = = = = = = = = = Dated this the 19[th] day of August, 2020** ## **JUDGMENT** Process of selection to the posts of Peons and Night Watchman of Ayarkunnam Service Co-operative Bank Ltd. is under challenge in these writ petitions. 2. The petitioner in W.P.(C) No.35340/2019 is an applicant to the post of Peon. She was issued with a hall-ticket to appear for written test on 07.12.2019 at 10.00 a.m. at the Amayannur High School. However, she did not appear for the examination in view of the notice published by the Bank to the effect that appointments to the post of Peon and Night Watchman in the Bank is stayed by this Court. In spite of such a notice, the examination was conducted. Therefore, the selection process is bad, contends the petitioner. 3. W.P.(C) No.32997/2019 is filed by a member of the Society alleging that the notification inviting applications for appointment is not in W.P.(C) Nos.32663, 32997 & 35340 of 2019 :- 2 :- conformity and compliance with the mandatory provisions of the Co-operative Societies Act and Rules and also the relevant Circulars which have statutory force. 4. W.P.(C) No.32663/2019 is filed by two petitioners who claim to be aspirants to the post but were unable to appear for examination due to lack of proper publication of the notification. It is also alleged that the examination and interview sought to be conducted by the Bank is nothing but a farce and that the persons named by the petitioners in the writ petition have in fact already been selected by the Bank on a 'sharing basis' among political parties. 5. Heard learned counsel Sri.S.Jayakrishnan, Sri.Jose J. Matheikel and Sri.B.S.Swathi Kumar on behalf of the petitioners, learned Senior Counsel Sri.George Poonthottam on behalf of the Bank and also the learned Government Pleader. 6. Ext.P1 is the notification inviting applications. Ext.P1 is challenged on the ground that it is not effected in newspapapers having wide W.P.(C) Nos.32663, 32997 & 35340 of 2019 :- 3 :- publicity/circulation in the area which is a mandate of the relevant circulars. Though the allegation is that the notification was published only in Deepika daily, the Bank has produced the publication of the notification in Mathrubhumi Daily. No material is made available before this Court to find that the Mathrubhumi Daily and Deepika Daily do not have circulation in the locality when compared to the other dailies having circulation in that area. 7. Yet another ground of challenge against Ext.P1 notification is that the same does not contain the following mandatory requirements viz. educational qualification, requirement of prior experience and whether there is any written examination or interview. However, a reading of the notification indicates that, all the said details are specified therein. The said contention has no substance. 8. Relying on paragraph 32 of the judgment of this Court in _**Bindu C. and Ors. v. Joint Registrar of Co-operative**_ W.P.(C) Nos.32663, 32997 & 35340 of 2019 :- 4 :- _**Societies, Kasaragod and Ors. [2019 KHC 666]**_ , it is contended that selection conducted by an outside agency, without empanelment by the Registrar was interdicted by this Court and the process of selection held overlooking the same is bad. It would be profitable to refer to paragraph 32 of the said judgment which reads thus:- _“I am, therefore, firm in my mind that unless and until the “Outside Agencies” or “Individuals” are properly identified of empanelled by the Registrar or such other competent Authority, it would be wholly imprudent to let the Societies choose on their own, as is now permitted.”_ 9. I am unable to make out any prohibition of any process of selection as has been now contended by the petitioners. 10. There is a further challenge against the notification on the ground that, the validity of the rank list is stated as two years and provides for appointment from the rank list for future vacancies also; the same is bad in law. The W.P.(C) Nos.32663, 32997 & 35340 of 2019 :- 5 :- notification has been issued for appointment to the vacant post of five peons and one night watchman. The learned counsel for the Bank, on instructions, submits that, as of now they have no intention to effect any appointments more than the said number as is specified in the notification. In view thereof, whether on the strength of the said notification, the Bank is entitled to make further appointments that may arise in future during the validity of the rank list as mentioned in the notification, need not be considered at this stage. The said issue need not detain the Bank from making appointments to the post of five peons and one night watchman as has been notified under Ext.P1. The right of the petitioners, if any, to challenge the claim of the Bank to make appointments to the future vacancies from the rank list in question, is left open. 11. Five persons have been named in the writ petitions as the persons who have been decided by the Board for appointment even prior to the examination. The mere fact that some persons have W.P.(C) Nos.32663, 32997 & 35340 of 2019 :- 6 :- been named does not lead to an inference that there is any foul play. Even the best candidates, to the knowledge of the petitioners, could be named. 12. As regards the challenge that, in view of the notice issued by the society to the effect that the appointments are stayed by this Court, the petitioner and others could not appear, it is to be noticed that out of the 72 applicants, all except the petitioner had appeared for the examination. Only the petitioner had understood the notification to be one postponing the examination. Therefore the said contention has no merit. None of the grounds urged in the writ petitions are liable to be accepted. The writ petitions lack merit and are accordingly dismissed, but subject to the right reserved in paragraph 10 above. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 32663/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF NOTIFICATION DATED 5.10.2019. EXHIBIT P2 TRUE COPY OF RELEVANT PORTION OF JANMABHUMI DAILY DATED 20.10.2019. EXHIBIT P3 TRUE COPY OF GO(P)225/2010 COP DATED 31.12.2010. EXHIBIT P4 TRUE COPY OF GO(P) 12/2013 COOP DATED 19.1.2013. EXHIBIT P5 TRUE COPY OF THE ORDER NO.CRP(1)2399/19/KDIS DATED 25.7.2019. EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 31.10.2019 SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT. EXHIBIT P7 TRUE COPY OF CALL LETTER DATED 21.11.2019 FOR WRITTEN TEST. EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.79/2011. EXHIBIT P9 TRUE COPY OF MEDICAL CERTIFICATE DATED 2.9.2010 ISSUED BY THE MEDICAL BOARD UNDER THE DISTRICT MEDICAL OFFICER, KOTTAYAM. EXHIBIT P10 TRUE COPY OF THE CIRCULAR NO.11/2013 DATED 28.2.2013 ISSUED BY THE REGISTRAR OF COOPERATIVE SOCIETIES.** APPNENDIX -2- ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R3 A TRUE COPY OF THE APPROVED STAFF PATTERN DATED 31.10.1995** **EXHIBIT R3 B TRUE COPY OF THE DECISION DATED 27.09.2019 OF THE 3RD RESPONDENT BOARD OF DIRECTORS OF THE BANK.** **EXHIBIT R3 C TRUE COPY OF THE DICISION OF THE MANAGING COMMITTEE DATED 27.09.2019 EXHIBIT R3 D TRUE COPY OF THE COMMUNICATION DATED 14.10.2019 ISSUED TO THE SECRETARY COOPERATIVE SERVICE EXAMINATION BOARD. EXHIBIT R3 E TRUE COPY OF THE NOTIFICATION NO. C.S.EB/N& L/900/19 DATED 02.12.2019 ISSUED BY THE COOPERATIVE SERVICE EXAMINATION BOARD.** **--------** APPNENDIX -3- ## **APPENDIX OF WP(C) 32997/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ADVERTISEMENT DATED 5.10.2019 APPEARED IN THE DEEPIKA DAILY.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R3(a) TRUE COPY OF THE APPROVED STAFF PATTERN DATED 31.10.1995. EXHIBIT R3(b) TRUE COPY OF THE ORDER NO. C.R.P(1) 2399/19/K.DIS DATED 25.07.2019 PASSED BY THE 1ST RESPONDENT.** **EXHIBIT R3(c) TRUE COPY OF THE DECISION DATED 27.09.2019 OF THE 3RD RESPONDENT BOARD OF DIRECTORS OF THE BANK.** **EXHIBIT R3(d) TRUE COPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHUMI DAILY DATED 05.10.2019. EXHIBIT R3(e) TRUE COPY OF THE DECISION OF THE MANAGING COMMITTEE SERVICE EXAMINATION BOARD. EXHIBIT R3(g) TRUE COPY OF THE NOTIFICATION NO.C.S.E.B/N&L/900/19 DATED 02.12.2019 ISSUED BY THE CO-OPERATIVE SERVICE EXAMINATION BOARD.** -------- APPNENDIX -4- ## **APPENDIX OF WP(C) 35340/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF HALL TICKET DATED 21.11.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF NOTICE DATED 5.12.2019 PASTED IN THE FRONT WALL OF THE 2ND RESPONDENTBANK.** **EXHIBIT P3 TRUE COPY OF JANMABHUMI DAILY DATED 6.12.2019. EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 9.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 13.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.** **-----**