Allowed

R.Sugunan v. State of Kerala

Kerala HC12 Jun 2015WP(C)/4408/2014

Case brief

AI extract

What is this about?

Petitioner sought a writ petition quashing an order that limited the relaxation of educational qualifications. The Court, following a precedent, declared the petitioner entitled to exemption with effect from the date the society adopted the resolution.

What did the court decide?

The petitioner is declared entitled to exemption from educational qualifications with effect from 22.01.2013 and consequential benefits.

R.Sugunan Vs State of Kerala — Cooperative Societies | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937

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WP(C).No. 4408 of 2014 (A)

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PETITIONER:

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R.SUGUNAN, AGED 54 YEARS, S/O.RAMACHANDRAN, MUTHIRAVILA VEEDU, OZHUKUPARA, P.O.POLACHIRA, KOLLAM-691 334.

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BY ADVS.SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA

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RESPONDENTS:

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STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, CO-OPERATIVE DEPARTMENT,

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GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM - 691 001.

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NEDUNGOLAM SERVICE CO-OPERATIVE BANK LTD.NO.2845, NEDUNGOLAM P.O.,

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KOLLAM-691 334 REPRESENTED BY ITS SECRETARY.

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R2 BY ADV. SRI. G. GOPAKUMAR, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4408 of 2014 (A)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1 - TRUE COPY OF THE ORDER DATED 29-01-2014 ISSUED BY THE 2ND RESPONDENT

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RESPONDENTS' EXHIBITS : NIL

/True Copy/

P.A to Judge.

ANU SIVARAMAN,J.

= = = = = = = = = = = = = W.P.(C).No.4408 of 2014 = = = = = = = = = = = = = = Dated this the 12^th day of June, 2015

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JUDGMENT

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The prayer in this writ petition is to call for the records leading to Ext.P1 and quash the same to the extent it limits the date of taking effect of the said order. There is also a prayer for a declaration that the petitioner is entitled to get relaxation from qualifications with effect from the date of resolution taken by the 4^th respondent Society to seek exemption under Rule 185(8) of the Kerala Co-operative Societies Rules. The question raised herein is covered by a decision of this Court in K.K.Dasan v. Registrar of Co-operative Societies and another (2007(1) KLT 581) wherein it has been categorically held that relaxation from educational qualifications under Rule 185(8) of the Kerala Co-operative Societies Rules is to be granted effective from the date of resolution taken by the Board for granting promotion to the incumbents.

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In view of the above decision, the writ petition is only to be allowed. Accordingly, it is declared that the petitioner is

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W.P.(C).No.4408 of 2014

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entitled to the benefit of exemption from educational qualifications with effect from 22.01.2013, that is the date of resolution adopted by the respondent Society to seek exemption from educational qualifications for the purpose of granting promotion to the petitioner. The petitioner shall be entitled to consequential benefits arising from the said order.

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The writ petition is accordingly allowed. No costs.

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Anu Sivaraman, Judge

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R.Sugunan v. State of Kerala

Case brief

What is this about?

What did the court decide?

R.Sugunan v. State of Kerala

Case brief

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What did the court decide?

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