Petitioner challenged the bank's appointment of others and alleged question paper leakage. The court found allegations unsubstantiated and lacking legal remedy exhaustion, dismissing the writ petition for failure to make out a case.
Petitioner's writ petition seeking to quash the selection and appointment failed and was dismissed.
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 SHAJI P.CHALY
THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938
WP(C).No. 13161 of 2006 (P)
PETITIONER(S):
IVY MARY JACOB, AGED 36 YEARS, THILAKULATHIL HOUSE, PERUMPILY P.O., MULANTHURUTHY.
BY ADVS.SRI.K.J.ALPHONS, SRI.NOBLE MATHEW.
RESPONDENT(S):
1. AMBALLOOR SERVICE CO-OPERATIVE BANK LTD. NO.502, REPRESENTED BY ITS, SECRETARY, AMBALLOOR, KANJIRAMATTOM P.O., ERNAKULAM DISTRICT.
2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, OFFICE OF THE JOINT REGISTRAR, ERNAKULAM DISTRICT.
3. INSPECTOR OF CO-OPERATIVE SOCIETIES, MULANTHURUTHY UNIT, KANAYANNUR.
4. MANAGING COMMITTEE, AMBALLOOR SERVICE CO-OPERATIVE BANK LTD., REP. BY ITS PRESIDENT, AMBALLOOR, KANJIRAMATTOM P.O., ERNAKULAM DISTRICT.
5. A.V. ANIL KUMAR, ACHANKARIYIL HOUSE, KANJIRAMATTOM P.O., ERNAKULAM DISTRICT.
6. SIBY, W/O.MONCY, CHERUTHOTTIL HOUSE, AMBALLOOR, ERNAKULAM DISTRICT.
R1 & R4 BY ADV. SRI.P.N.MOHANAN. R2 & R3 BY GOVT. PLEADER SRI.G. GOPAKUMAR. R5 & R6 BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR).
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 13161 of 2006 (P)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
SHAJI P. CHALY, J.
W.P.(C) No.13161 of 2006
Dated this the 11th day of August, 2016
JUDGMENT
This writ petition is filed by the petitioner seeking to declare that the written test conducted on 07.03.2006 by the 1st respondent Bank is illegal and is liable to be cancelled as the question papers for the same was leaked out before the date of examination, and for a further direction to respondents 1 and 4 not to appoint respondents 5 and 6 as Salesman and
Attender, as the entire proceedings initiated by respondents 1 and 4 are vitiated by malafides and serious errors of law, and for other related reliefs. Material facts for the disposal of the writ petition are thus:
conduct of the written test were pending enquiry before
W.P.(C) No.13161 of 2006 2
respondent No.2, pursuant to Ext.P5. Though this Court had directed as per Ext.P6 interim order dated 14.03.2006 in W.P. (C) No.7560 of 2006, that appointments if any made will be subject to the result of the writ petition, respondents 1 and 4 conducted the interview and they are again trying to induct/appoint respondent No.6 as Attender through back door. It is thus challenging actions apprehending on the part of the 1st respondent Bank, this writ petition is filed.
W.P.(C) No.13161 of 2006 3
petitioner was invited for written test and interview and when the rank list was prepared, she secured sixth rank in the category of Attender, and therefore she was not considered for appointment. It is also stated that, 1st respondent posted the call letter for interview on 13.03.2006 'under certificate of posting' from the concerned Post Office, and if any delay occurred, it is due to the fault of the Postal Department. So also, it is stated that the test to the posts were conducted by an outside agency viz., a retired officer of the Co-operative Department and it is on the basis of the test, ten candidates each, for each post, were called for interview, and it was on the basis of performance in the interview and total marks obtained in the written test, a rank list was prepared and appointment orders were issued on 20.03.2006. Accordingly, the 5th respondent was appointed as Salesman on 29.03.2005 and 6th respondent was appointed as Attender on 21.03.2006. So also, it is stated that, so far, petitioner has not made any complaint regarding the test and interview to the Department or to the Bank, and the petitioner is filing the writ petition after two months of appointment of respondents 5 and 6. If the petitioner had any bonafides in her allegations, she ought to
4
W.P.(C) No.13161 of 2006
have made a complaint to the Department or to the Bank at the earliest point of time. Therefore, according to the 1st respondent Bank, there are no bonafides in the action of the petitioner by filing this writ petition.
W.P.(C) No.13161 of 2006 5
either the Bank or any other authority under law to ventilate her grievances. I do not think that the petitioner has made any such efforts to establish the case put forth by the petitioner before this Court with respect to the illegal nature of selection conducted by the 1st respondent Bank. So also, allegations made in the writ petition, as well as in Ext.P5 clearly reveal that same are all dependant on various factual circumstances. If the petitioner was really aggrieved, petitioner should have sought the remedy provided under the statute in order to ventilate her grievances. So also, even though allegations are made, they are not substantiated even to the prima facie satisfaction of this Court to exercise the power of discretion.
6
W.P.(C) No.13161 of 2006
Resultantly, writ petition fails and accordingly same is
dismissed.
Sd/- SHAJI P. CHALY JUDGE
//true copy//
P.S. to Judge
St/11.08.2016
3 issues framed by the court
Whether the petitioner has made out a case warranting interference in the selection procedure conducted by the bank under Article 226.
Whether the petitioner sufficiently substantiated allegations of malafides and question paper leakage.
Whether the writ petition filed to challenge the validity of the appointment and question paper leak allegations deserves disposal.
2 provisions across 2 enactments
Ivy Mary Jacob
Amballoor Service Co-operative Bank Ltd.
Joint Registrar of Co-operative Society
Inspector of Co-operative Societies
Managing Committee, Amballoor Service Co-operative Bank Ltd.
A.V. Anil Kumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
