Kerala High Court
Arathy S. Sivadasan vs The Registrar Of Co-Operative ... on 29 March, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941
WP(C).No. 32011 of 2018
PETITIONER/S:
1 ARATHY S. SIVADASAN
AGED 28 YEARS
THEKKEVILA PUTHEN VEEDU,
VENKULAM,
EDAVA (P.O),
VARKALA,
THIRUVANANTHAPURAM,
-695311.
2 DEVIKA G.,
AGED 18 YEARS
D/O GIRIJA, SATHYAVILASAM, VENKULAM, EDAVA (P.O),
VARKALA,
THIRUVANANTHAPURAM,
-695311.
BY ADVS.
SRI.G.BIJU
SRI.V.A.VINOD
RESPONDENT/S:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
STATUE, NEAR PRESS CLUB,
THIRUVANANTHAPURAM-695001.
2 JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURA,, OFFICE OF THE JOINT REGISTRAR
(GENERAL) OF CO-OPERATIVE SOCIETIES, VANCHIYOOR,
THIRUVANANTHAPAURAM-695035.
3 EDAVA SERVICE CO-OPERATIVE BANK LTD., NO.3782,
EDAVA P.O., VARKALA, THIRUVANANTHAPURAM-695311,
REPRESENTED BY ITS SECRETARY.
4 BIPIN P.C.,
SASTHAMVILA VEEDU, VENKULAM, EDAVA P.O., VARKALA,
WP(C).No. 32011 of 2018
2
THIRUVANANTHAPURAM-695311.
5 SHINU THANKAN,
NISHA HOUSE, CHERUNNIYOOR P.O., THIRUVANANTHAPURAM-
695142.
6 AJITH KUMAR,
MINI BHAVAN, KANNUMOODU, KAPPIL,
THIRUVANANTHAPURAM-695311.
*7 ANU M.,
S/O MURALEEDHARAN NAIR, ALUNINNAVILA VEEDU,
MANTHARA, EDAVA P.O., THIRUVANANTHAPURAM-695311.
8 SHIJU V. SIRAJ,
B.V. AZHIKAM, EDAVA P.O., THIRUVANANTHAPURAM-
695311.
9 AJI KUMAR,
KINATTINKARA VEEDU, VENKULAM, EDAVA P.O.,
THIRUVANANTHAPURAM-695311.
10 SIYANA SAJEEV,
KUNNUVILA VADAKKATHU, PARAYIL, EDAVA P.O.,
THIRUVANANTHAPURAM-695311.
11 NAVAS KHAN,
THEKKE THODI, MANTHARA, EDAVA P.O.,
THIRUVANANTHAPURAM-695311.
12 AFSAL,
ODUMARAZHIKAM, EDAVA P.O., THIRUVANANTHAPURAM-695
311.
*R7 AND R12 ARE DELETED AS PER ORDER DATED
06/03/2019 IN IA 1/19
BY ADVS.
SRI.C.E.UNNIKRISHNAN
SRI.M.P.PRABHAKARAN (PALAKKAD)
SMT.C.S.SHEEJA-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32011 of 2018
3
JUDGMENT
The petitioners who are aspirants to the post of Attender/Peon/Salesman in the services of the 3rd respondent-Co-operative Bank, say that they had made applications in terms of a notification issued by the Bank calling for candidates for such purpose. A copy of the said notification has been produced on record as Ext.P1, and the petitioners allege that the manner of conduct of the selection process by the 3rd respondent has forced an impression in them that the whole exercise is only an "eye wash"; and that the intention of the Bank is to appoint certain persons of their choice, who have been arrayed as respondents 4 to 12 herein, in the vacancies.
2. The petitioners also assert that the second petitioner's candidature has been illegally rejected merely for the reason that she had not turned 18 years in age on the date of the notification, but that, as on the date of the written test, she had completed the said age. They therefore, pray that WP(C).No. 32011 of 2018 4 the selection process, carried on by the Bank through Ext.P1, be set aside and they be directed to conduct fresh selection in terms of law through a 'transparent process'.
3. Shri.C.E.Unnikrishnan, the learned Standing Counsel appearing for the 3rd respondent Bank, submits that the written test has already been completed and that the allegations of the petitioners that respondents 4 to 12 are being preferred are completely in-correct and without any basis, adding that even the pleadings will not show the foundational corroboration of such allegations and that the petitioners be put to strict proof. He, thereafter, submits that the second petitioner had not turned 18 years in age on 01.01.2018, which is the cut off date shown in Ext.P1 notification and that her candidature cannot, therefore, be considered. He consequently prays that this Court allow the 3rd respondent to complete the process of selection, initiated through Ext.P1 notification and assures this Court that the same will be done in WP(C).No. 32011 of 2018 5 terms of law and in the most transparent manner.
4. On hearing Shri.C.E.Unnikrishnan as afore, the learned counsel for the petitioners, Shri.G.Biju, submits that he is giving up his contentions regarding the second petitioner's candidature and prays that the Bank be directed to complete the process of selection, by considering the first petitioner also, as per law and in terms of the provisions of the Kerala Co-operative Societies Act and Rules (KCS Act and Rules).
5. The learned Senior Government Pleader, Smt.C.S.Sheeja, appearing on behalf of the official respondents, submits that they have no role to play in this matter at this point of time, particularly because, no complaints have been received by them. She, however, says that if the petitioners make any complaint to the official respondents, they will consider the same as is warranted in law.
6. In the afore circumstances, I order this writ petition, and permit the 3rd respondent to complete the process of selection of the candidates, WP(C).No. 32011 of 2018 6 including the first petitioner, commenced through Ext.P1 notification, implicitly adhering to the provisions of the KCS Act and Rules, and recording the submission of the petitioners that the candidature of the second petitioner has been given up. I further order that the selection shall be completed by the Society, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Needless to say, if the petitioners find any cause against the process as now permitted by this Court, she will be at liberty to approach the competent Authorities, by invoking the provisions of the KCS Act and Rules appropriately; in which event, the said Authorities will be obligated to consider it as per law.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE SMA WP(C).No. 32011 of 2018 7 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 24.7.2018 ISSUED BY THE 3RD RESPONDENT PUBLISHED IN DESABHIMANI DAILY.
EXHIBIT P2 TRUE COPY OF ADMISSION TICKET RECEIVED BY PETITIONER FOR THE POST OF ATTANDER BEARING REGISTER NO.A 1074 EXHIBIT P3 TRUE COPY OF ADMISSION TICKET RECEIVED BY PETITIONER FOR THE POST OF PEON BEARING REGISTER NO.P 2013 EXHIBIT P4 TRUE COPY OF ADMISSION TICKET RECEIVED BY PETITIONER FOR THE POST OF SALESMAN BEARING REGISTER NO.S 3010 EXHIBIT P5 TRUE COPY OF REQUEST GIVEN BY 2ND PETITIONER'S FATHER DATED 30.9.2018 EXHIBIT P6 TRUE COPY OF REJECTION LETTER ISSUED TO THE 2ND PETITIONER TO THE POST OF ATTENDER DATED 24.9.2018 EXHIBIT P7 TRUE COPY OF REJECTION LETTER ISSUED TO THE 2ND PETITIONER TO THE POST OF PEON DATED 24.9.2018 EXHIBIT P8 TRUE COPY OF REJECTION LETTER ISSUED TO THE 2ND PETITIONER TO THE POST OF SALESMAN DATED 24.9.2018 EXHIBIT P9 TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE OF 2ND PETITIONER SUBMITTED ALONG WITH THE APPLICATION EXHIBIT P10 TRUE COPY OF REPRESENTATION SUBMITTED TO THE FIRST RESPONDENT BY PETITIONER DATED 28.9.2018 RESPONDENT(S)' EXHIBITS :-
EXHIBIT R3(a) A TRUE COPY OF THE RELEVANT PAGES OF THE KERALA GAZETTE K.G.EXT.NO.2427 DT.02.11.2010.
SMA