Petitioners challenged a recruitment notification issued by the 2nd respondent bank. The Court held the petition infructuous as the impugned notification was cancelled by the Bank before hearing, rendering the sought relief unnecessary.
Petition dismissed as impugned notification cancelled; relief sought rendered infructuous.
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 K.SURENDRA MOHAN
WEDNESDAY, THE 18TH DAY OF JUNE 2014/28TH JYAISHTA, 1936
WP(C).No. 5390 of 2014 (W)
PETITIONERS:
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENTS:
R2,R3 & R4 BY ADVS. SRI.A.ANTONY
SMT.LEELAMMA ANTONY
R BY GOVERNMENT PLEADER SRI.RINNY STEPHEN CHAMAPARAMBIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5390 of 2014 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
P1:-TRUE COPY OF THE NOTIFICATION DTD 20/1/2014
P2:-TRUE COPY OF THE MEMO DTD 18/2/2014
P3:-TRUE COPY OF THE REPRESENTATION DTD 22/2/2014 AND THE ACKNOWLEDGMENT OF RECEIPT OF THE SAME BY THE IST RESPONDENT
P4 : TRUE COPY OF THE NOTICE RECEIVED BY THE DEPONENT DATED 06.03.2014
P5 : TRUE COPY OF THE NOTIFICATION DATED 18.3.2014 PUBLISHED IN DEEPIKA DAILY ON 20.3.2014
RESPONDENT(S)' EXHIBITS
R2(a) : TRUE COPY OF LEGAL OPINION DATED 08.03.2014 OF THE COUNSEL FOR THE 2ND RESPONDENT
R2(b) : TRUE COPY OF JUDGMENT IN W.P.(C).NO.15830 OF 2011 DATED 16.11.2011 OF THIS HON'BLE COURT
R2(c) : TRUE COPY OF PAGES OF MINUTES BOOK MAINTAINED BY 2ND RESPONDENT, CONTAINING THE SAID RESOLUTION NO.308.
/TRUE COPY/
P.A TO JUDGE
AV
K.SURENDRA MOHAN, J.
W.P.(C)No.5390 of 2014
Dated this the 18th day of June, 2014
J U D G M E N T
This writ petition has been filed seeking the following reliefs :
The petitioners are six members of the Board of Directors of the 2nd respondent Co-operative Bank. As per Ext.P1, a notification was issued inviting applications to the post of Peons in the Bank. The same is dated 20.01.2014. The decision to issue the notification was taken at the meeting of the Board of Directors on 17.01.2014. According to the petitioners, they had objected to the manner in which the appointments were sought to be made. There was no outside agency to conduct the examination. The Rank List that was to be prepared was to be in force for a period of two years and even vacancies that are expected to arise during the term of the Rank List were proposed to be filled up by the persons ranked therein. It is contended that, Ext.P1 is therefore unsustainable and
W.P.(C)No.5390 of 2014
2
liable to be set aside, being not in accordance with the Kerala Cooperative Societies Act, 1969 ('the Act' for short) and the Rules thereunder.
W.P.(C)No.5390 of 2014
3
permitted the consideration of any other item, with the permission of the President, the matter was considered and Ext.R2(a) resolution was adopted. Two of the petitioners had also attended the meeting and endorsed the same.
In view of the above, this writ petition is dismissed.
Sd/- K.SURENDRA MOHAN, JUDGE.
AV
1 issue framed by the court
Whether the writ petition is maintainable since the impugned notification has been cancelled by the respondent bank before the final disposal of the petition.
ANISHKUMAR.P.T., AMONG SIX OTHERS
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM
ELIKULAM SERVICE CO-OPERATIVE BANK LTD
K.SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
