Kerala High Court
Adarsh S vs The Kayamkulm Co-Operative Bank Ltd. ... on 9 May, 2018
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 11TH DAY OF JULY 2018 / 20TH ASHADHA, 1940
WP(C).No. 20575 of 2018
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PETITIONER :
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ADARSH S,
AGED 36 YEARS,S/O.SIVAN PILLAI,RESIDING AT SREEKRISHNA
SADANAM,DESATHINAKAM,PERINGALA.P.O,KAYAMKULAM.
BY ADV.SRI.A.SHAFEEK (KAYAMKULAM)
RESPONDENTS :
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1. THE KAYAMKULM CO-OPERATIVE BANK LTD. NO. A - 421,
PALACE ROAD,KRISHNAPURAM.P.O,ALAPPUZHA DISTRICT-690533,
REPRESENTED BY ITS SECRETARY.
2. THE PRESIDENT,
KAYAMKULAM CO-OPERATIVE BANK LTD.NO.A-421,PALACE ROAD,
KRISHNAPURAM.P.O,KAYAMKULAM,ALAPPUZHA DISTRICT-690533.
R1-R2 BY ADV. SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 20575 of 2018 (V)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXT P1 TRUE COPY OF THE RANK LIST PUBLISHED ON 1/7/2016
EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 9/5/2018
SUBMITTED BEFORE THE 1ST RESPONDENT
EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 9/5/2018
SUBMITTED BEFORE THE 2ND RESPONDENT
EXT.P4 TRUE COPY OF THE ACKNOWLEDGMENT SHOWING THE
RECEIPT OF EXT.P2 BY 1ST RESPONDENT
EXT.P5 TRUE COPY OF THE ACKNOWLEDGMENT SHOWING THE
RECEIPT OF EXT.P3 BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS :
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EXT.R1(a) TRUE COPY OF THE NOTIFICATION DATED 20/04/2015
/TRUE COPY/
P.A TO JUDGE
AV/12/7
ANIL K.NARENDRAN, J.
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W.P.(C).No.20575 of 2018
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Dated this the 11th day of July, 2018
JUDGMENT
The petitioner, who is rank No.6 in Ext.P1 rank list published by the 1st respondent Co-operative Bank for the post of Peon, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus compelling the respondents to appoint him to the existing vacancy of Peon. The petitioner has also sought for other consequential reliefs including a writ of mandamus commanding the respondents to fill up the existing vacancy of Peon before the expiry of Ext.P1 list, i.e., on 30.06.2018.
2. A counter affidavit has been filed by respondents 1 and 2 opposing the reliefs sought for in this writ petition.
3. Heard the learned counsel for the petitioner and also the learned counsel for respondents 1 and 2.
4. The sole issue that arises for consideration in this writ petition is as to whether the petitioner, who is the candidate included in Ext.P1 rank list with Rank No.6, is entitled for appointment as Peon in the 1 st respondent Co-operative Bank.
5. Ext.R1(a) is the notification issued by the 1 st respondent Bank inviting applications for recruitment to two posts of Peon. Pursuant to Ext.R1(a) notification, the 1st respondent Bank conducted the process of selection, which culminated in Ext.P1 rank list. Ext.P1 rank list came into W.P.(C)No.20575 of 2018 :-2-:
force with effect from 01.07.2016. As against the notified vacancy of 2 Peons, 5 candidates included in Ext.P1 rank list have already been appointed as Peons in the 1st respondent Bank. The said fact is not in dispute.
6. In Rajamohan v. State of Kerala [(1997) 1 ILR Kerala 199], a Division Bench of this Court held that recruitment of candidates in excess of the notified vacancy is a denial and deprivation of the constitutional rights of other qualified hands.
7. Viewed in the light of the law laid down in the decision referred to supra, the petitioner, who is Rank No.6 in Ext.P1 rank list, is not legally entitled for appointment, since any appointment in excess of the notified vacancy in Ext.R1(a) notification will be contrary to law.
In such circumstances, this writ petition fails and the same is accordingly, dismissed.
Sd/-
ANIL K.NARENDRAN JUDGE AV/12/7