A two-judge bench dismissed writ petitions challenging the rejection of applications for Deputy General Manager and General Manager posts in co-operative banks due to an additional experience condition. The court held the earlier decision in W.P.C. No.35052 of 2010 binding.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 14TH DAY OF SEPTEMBER 2012/23RD BHADRA 1934
WP(C).No. 1448 of 2011 (E)
PETITIONER(S):
MOHAN KUMAR, KURUMATH HOUSE, KARIMANNOOR, THODUPUZHA.
BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT
RESPONDENT(S):
1. KERALA PUBLIC SERVICE COMMISISON
2. THE DISTRICT OFFICER,
3. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF, CO-OPERATION
4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
5. THE IDUKKI DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, IDUKKI-685602
BY GOVERNMENT PLEADER SMT LISHA BY SRI.ALEXANDER THOMAS, SC, KPSC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-09-2012 ALONG WITH WP(C) NO:17489/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1448 of 2011 (E)
APPENDIX
PETITIONER'(S) EXHIBITS:
| EXT.P1 | COPY OF THE | SAID NOTIFICATION DATED 13.11.2009. |
|---|---|---|
| EXT .P2 | COPY OF THE | SAID PETITIONER'S APPLICATION. |
| EXT.P3 | COPY OF THE SOCIETIES R |
EXTRACT OF THE RULE 186 OF CO-OPERATIVE ULES. |
| EXT.P4 | COPY OF THE | EXPERIENCE CERTIFICATES OF THE PETITIONER. |
| EXT.P4(A) | COPY OF THE | EXPERIENCE CERTIFICATE. |
| EXT.P5 | COPY OF THE | QUALIFYING DEGREE CERTIFICATE OF THE PETITIONER. |
| EXT.P6 | COPY OF THE | LETTER SENT BY PSC DATED 5.1.2011. |
| EXT.P7 | COPY OF THE | NOTIFICATION DATED 30.4.2010. |
| EXT.P8 | COPY OF THE | RELEVANT CLAUSE OF GENERAL CONDITION. |
RESPONDENT'(S) EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
BKA
**A.M.SHAFFIQUE, J * * * * * * * * * * * * *** W.P.C.Nos.1448 & 17489 of 2011
Dated this the 14th day of September 2012
J U D G M E N T
These two writ petitions relates to the same subject matter and hence decided together.
W.P.C.No.1448/2011
2
qualification prior to the acquisition of MBA Degree. It is the contention of the petitioners that in so far as Rule 186 does not indicate that three years experience should be gained after acquisition of MBA, it is not open for KPSC to add an additional condition stipulating that the experience should be gained after obtaining MBA degree.
W.P.C.No.17489/201 and the contentions urged therein are adopted in the other writ petition as well.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
//True Copy//
PA to Judge
W.P.C.No.1448/2011 3
W.P.C.No.1448/2011 4
W.P.C.No.1448/2011 5
2 issues framed by the court
Whether the Kerala Public Service Commission could add a condition requiring experience to be gained after acquiring the MBA degree, contrary to Rule 186 of the Co-operative Societies Rules.
Whether the clause regarding experience in the notification indicating it should be gained after obtaining the MBA degree violates Rule 186.
Colour shows how this judgement treated each authority
W.P.C.No.35052 of 2010Distinguished¶44
Mohan Kumar
Kerala Public Service Commission
The State of Kerala
Idukki District Co-Operative Bank Ltd.
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
