High Court of KeralaSingle Judge2021-10-28Writ petitions allowed; petitioners to be advis...

WP(C) Nos. 8784 of 2010 & 9977 of 2010: Kanaka C. Peedikakkal Chira, S. Mohammed Farook, Anil Kumar P, Ranikutty KuriaKose v. Kerala Public Service Commission; K.N. Radhamani Vijayan Vijayapuram v. Kerala Public Service Commission

Case / Petition Number:WP(C) Nos. 8784/2010 & 9977/2010

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Murali Purushothaman
Judgment Date: 2021-10-28
Court Decision / Holding: The writ petitions are allowed. No order as to costs. Since the petitioners were parties to the Full Bench decision and are included in Ext.P2 rank lists for appointment as Clerk/Cashier in the 3rd respondent Bank, and the PSC appeal having been dismissed, they are entitled to be advised for appointment to Clerk/Cashier in the 3rd respondent Bank in accordance with their turn in Ext.P2, during the currency of the rank list. Necessary steps shall be taken within two months from today.
Final Disposition: Writ petitions allowed; petitioners to be advised for appointment in the 3rd respondent Bank as per Ext.P2 within two months; no costs.

Parties to the Case

Appellants / Petitioners

Kanaka C. Peedikakkal Chira
S. Mohammed Farook
Anil Kumar P
Ranikutty KuriaKose
K.N. Radhamani Vijayan Vijayapuram

Respondents

The Kerala Public Service Commission
The District Officer, Kerala Public Service Commission, District Office, Alappuzha
The District Co-operative Bank, Alappuzha

Legal Representation & Advocates

Counsels for Petitioners

• P. Ramakrishnan

Counsels for Respondents

• P. C. Sasidharan
• Faisal

Case Synopsis & Summary

These petitions challenge the Kerala Public Service Commission’s 2006 notification prescribing Graduation with JDC as the qualification for Clerk/Cashier posts in 14 District Cooperative Banks, arguing it contravenes Rule 186 of the Kerala Co-operative Societies Rules which prescribes SSLC with JDC. The matter was referred to a Full Bench, which in Sathyadevan v. Public Service Commission (2008 (1) KLT 289 (F.B)) held that SSLC with JDC and three years’ continuous service is sufficient to write the test for 50% quota for in‑service candidates if otherwise eligible, and permitted those petitioners to participate in the written test. Ext.P2 published rank lists were issued under a rider noting that Part-II (Society Quota) candidates with SSLC+JDC and three years’ experience would be provisional subject to the final disposal of SLP No.17182/08 in the Supreme Court. The Special Leave Petition before the Supreme Court was dismissed on 06.09.2021. Since the petitioners were parties to the Full Bench decision, and are included in the Ext.P2 rank lists for appointment, and the PSC appeal has been dismissed, they are entitled to be advised for appointment to Clerk/Cashier in the 3rd respondent Bank in accordance with their order in Ext.P2, during the currency of the rank list. The writ petitions are allowed.

Provisions of Law Cited

Rule 186 of the Kerala Co-operative Societies Rules

Legal Doctrines & Maxims

Sathyadevan v. Public Service Commission, 2008 (1) KLT 289 (F.B) – Full Bench decision upholding SSLC with JDC and three years’ experience for 50% in-service quota.
Note II in Ext.P2 – provisional qualification for Society Quota subject to final disposal of SLP No.17182/08

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the 2006 notification prescribing Graduation with JDC as the qualification contravenes Rule 186 of the Kerala Co-operative Societies Rules, which prescribes SSLC with JDC. The Full Bench decision in Sathyadevan v. PSC validly recognizes SSLC with JDC plus three years’ experience for the 50% in‑service quota; petitioners who were party to that decision were allowed to participate in the written test. Ext.P2 rank lists, with Note II, render Part-II (Society Quota) candidates provisional pending disposal of SLP No.17182/08. After dismissal of the SLP (06.09.2021), petitioners argue they should be advised for appointment as per their Ext.P2 order, during the rank list currency.

Contentions of Respondents

The PSC and District Officers contend that the 2006 notification aligns with statutory rules and that the Note II rider makes provisional appointments contingent upon the Supreme Court’s decision in SLP No.17182/08. They highlight that the Full Bench decision was subject to the SLP and that only those observed in that Full Bench arrangement could participate; given the SLP dismissal, the proper remedy is to advise in accordance with the rank list within the rank period.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Sathyadevan v. Public Service Commission	2008 (1) KLT 289 (F.B)	Positive	Full Bench decision relied upon to permit SSLC with JDC and three years’ experience for the 50% in‑service quota; used as the doctrinal basis for eligibility.
Civil Appeal Nos.1802-1806/2009	Civil Appeal Nos.1802-1806/2009	Mentioned Only	Mentioned in the context of the Supreme Court proceedings and the SLP background; not cited for ratio 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 MURALI PURUSHOTHAMAN** **THURSDAY, THE 28[TH] DAY OF OCTOBER 2021 / 6TH KARTHIKA, 1943** **WP(C) NO. 8784 OF 2010** ## **PETITIONERS:** - **1 KANAKA C. PEEDIKAKKAL CHIRA, PANANGADU P. O., ERNAKULAM.** - **2 S. MOHAMMED FAROOK, THOTTAKKADU HOUSE, KUNNUMMA P.O, THAKAZHI, ALAPPUZHA.** - **3 ANILKUMAR P, PUTHOOR VELY, S.N.PURAM P. O, CHERTHALA, ALAPPUZHA.** - **4 RANIKUTTY KURIAKOSE, KUTTICHIRAYIL, KOKOTHAMANGALAM P. O, CHERTHALA, ALAPPUZHA.** ## **BY ADV SRI.P.RAMAKRISHNAN** ## **RESPONDENTS:** - **1 THE KERALA PUBLIC SERVICE COMMISSION. PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.** - **2 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ALAPPUZHA.** - **3 THE DISTRICT CO-OPERATIVE BANK, ALAPPUZHA, REPRESENTED BY ITS GENERAL MANAGER.** **BY ADV SRI.P.C.SASIDHARAN, SC, KPSC SRI. FAISAL - GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2021, ALONG WITH WP(C).9977/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.8784 & 9977 OF 2010** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN** **THURSDAY, THE 28[TH] DAY OF OCTOBER 2021 / 6TH KARTHIKA, 1943** **WP(C) NO. 9977 OF 2010** ## **PETITIONER:** **K.N. RADHAMANI VIJAYAPURAM, THUMBAMON, PATHANAMTHITTA.** ## **BY ADV SRI. P.RAMAKRISHNAN** ## **RESPONDENTS:** - **1 THE KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.** - **2 THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ALAPPUZHA.** **(THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA.)** - **ADDRESS OF R2 IS CORRECTED AS PER ORDER IN IA NO.4406/10 DATED 24.03.2010** - **3 THE DISTRICT CO-OPERATIVE BANK, ALAPPUZHA, REPRESENTED BY ITS GENERAL MANAGER.** **(THE DISTRICT COOPERATIVE BANK, PATHANAMTHITTA, REPRESENTED BY ITS GENERAL MANAGER.** **ADDRESS OF R3 IS CORRECTED AS PER ORDER IN IA NO.4406/10 DATED 24.03.2010.)** **WP(C).Nos.8784 & 9977 OF 2010** **3** **BY ADV SRI. P.C.SASIDHARAN, SC, KPSC SRI. FAISAL - GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2021, ALONG WITH WP(C).8784/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.8784 & 9977 OF 2010** **4** ## **JUDGMENT** Since the issues involved in both the writ petitions are same, they are heard and disposed of by this common judgment. 2. The petitioners are employees of primary Cooperative Societies affiliated to the 3[rd] respondent Bank (in both writ petitions). The Public Service Commission, by notification dated 25.04.2006, invited applications for selection to the post of Clerk/Cashier in 14 District Cooperative Banks in the State. The minimum educational qualification prescribed as per the said notification was Graduation with JDC. 3. Contending that the said prescription of qualification was contrary to the qualification of SSLC with JDC prescribed as per Rule 186 of the Kerala Co-operative Societies Rules, the petitioners approached this Court by filing W.P(C) No.22211 of 2006. The said writ petition was referred to a Full Bench of this Court along with other writ petitions **WP(C).Nos.8784 & 9977 OF 2010** **5** and the Full Bench, by judgment dated 24.10.2007, reported in **Sathyadevan** _**v**_ **. Public Service Commission** [2008 (1) KLT 289 (F.B)], held that, the qualification of SSLC with JDC and three years continuous experience is sufficient to write the test under 50% quota reserved for in- service candidates, if they are otherwise eligible. However, only the petitioners in those cases referred to the Full Bench were permitted to participate in the written test. Pursuant to the judgment rendered by the Full Bench, the petitioners participated in the written test. In the meantime, the Public Service Commission filed a Special Leave Petition before the Hon'ble Supreme Court as SLP No.17182/08 against the judgment of the Full Bench referred to above. Pursuant to the written test, the Public Service Commission published Ext.P2 rank list (in both writ petitions), with a rider as follows:- _“Note – II:- Candidates under Part-II (Society Quota) in the Ranked List with Qualification SSLC and JDC with three years experience will be provisional subjected to the final disposal of SLP No.17182/08 filed by Kerala Public Service Commission in the Hon'ble Supreme Court of India.”_ 4. Though the petitioners were included in the **WP(C).Nos.8784 & 9977 OF 2010** **6** respective rank lists, they were not advised by the Public Service Commission for the reason that the Special Leave Petition is pending before the Hon'ble Supreme Court. The petitioners, therefore, preferred the captioned writ petitions for directing the Public Service Commission to advice them for appointment to the post of Clerk/Cashier in the 3[rd] respondent Bank in accordance with their turn in Ext.P2 rank list. This Court passed an interim order in these writ petitions, which reads as follows:- _“In the totality of the circumstances, there shall be an interim direction to the respondents 1 and 2 to keep the vacancies as such without making any advice against them, in case the turn of the petitioners arise for advice for appointment as against the aforesaid posts. The petitioners will be entitled to the benefit of this direction only in case they were parties to the Full Bench decision reported in 2008 (1) KLT 289.”_ 5. The Special Leave Petition filed by the Public Service Commission before the Hon'ble Supreme Court was was dismissed by judgment dated 06.09.2021. The Counsel for the petitioners in W.P. (C) No.8784/2010 has produced the copy of the judgment in Civil Appeal Nos.1802-1806/2009 along with a memo. **WP(C).Nos.8784 & 9977 OF 2010** **7** 6. Since the petitioners were parties to the Full Bench decision reported in **Sathyadevan** 's case (supra) and are included in respective rank lists (Ext.P2) for appointment as Clerk/Cashier and the appeal preferred by the Public Service Commission having been dismissed, they are entitled to be advised for appointment to the post of Clerk/Cashier in the 3[rd] respondent Bank in accordance with their turn in Ext.P2 rank list, during the currency of the rank list. It is ordered accordingly. Necessary steps in this regard shall be taken by the Commission at the earliest, at any rate, within a period of two months from today. The writ petitions are allowed. No order as to costs. ## **Sd/-** ## **MURALI PURUSHOTHAMAN** ## **JUDGE** SPR **WP(C).Nos.8784 & 9977 OF 2010** **8** ## **APPENDIX OF WP(C) 8784/2010** ## **' - PETITIONER S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF ORDER DATED 15.02.2010 ISSUED IN SLP NO.1615-1619/09. EXHIBIT P2 TRUE COPY OF RANK LIST PUBLISHED THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF LETTER DATED 12.09.2012 FROM THE 1ST RESPONDENT TO THE 2ND PETITIONER.** ## **RESPONDENTS'S EXHIBITS:- NIL.** **WP(C).Nos.8784 & 9977 OF 2010** **9** ## **APPENDIX OF WP(C) 9977/2010** **' - PETITIONER S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF ORDER DATED 15.02.2010 ISSUED IN SLP NO.1615-1619/09. EXHIBIT P2 TRUE COPY OF THE RANK LIST PUBLISHED BY THE 2ND RESPONDENT.** **RESPONDENTS'S EXHIBITS: NIL.**