Petitioner, an SC candidate, sought appointment alleging insufficient SC quota in a co-operative bank. Court held 10% reservation applies to direct recruitment posts only; one appointment satisfied the quota.
The writ petition is dismissed as it fails. The appointments made by the bank do not suffer from any illegality.
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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 31ST DAY OF MAY 2016/10TH JYAISHTA, 1938
WP(C).No. 947 of 2011 (P)
PETITIONER :
RAJESWARI K., NITHYASREE HOUSE, KOYILANDY P.O., KOZHIKODE DISTRICT, PIN-673 305.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT(S):
1. THE BADAGARA CO-OPERATIVE RURAL BANK LTD. NO.F.1264, REPRESENTED BY THE SECRETARY,
THE BADAGARA CO-OPERATIVE RURAL BANK LTD., HEAD OFFICE, V.O.ROAD, VADAKARA-673 101.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.
3. THE JOINT REGISTRAR (CO-OPERATIVE), KOZHIKODE-673 001.
R1 BY ADVS. SRI.B.KRISHNAN
SRI.R.PARTHASARATHY
R2 & R3 BY SR GOVERNMENT PLEADER SRI.P.FAZIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.947/2011
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
R1(A) COPY OF THE RESOLUTION OF THE BANK DULY CERTIFIED BY THE SECRETARY IN OFFICE.
/TRUE COPY/
P.S.TO JUDGE
sts
P.V.ASHA, J.
W.P(C) No.947 of 2011-P
Dated this the 31st day of May, 2016
JUDGMENT
The petitioner, who belongs to Scheduled Caste community and included in Ext.P3 rank list for appointment to the post of Salesman/Peon in the 1st respondent - Badagara Co-operative Rural Bank Ltd, claims appointment on the ground that the Bank is in dearth of the required 10% quota earmarked for Scheduled Caste candidates.
W.P(C) No.947 of 2011-P 2
Salesman/Peon, only one candidate belonging to Scheduled Caste/Scheduled Tribe has been appointed.
“Notwithstanding anything contained in Sub-section(1) or sub-section (2), ten percent of posts of employees of every society shall be reserved for appointment from persons belonging to scheduled castes and scheduled tribes where the method of appointment to such posts is by direct recruitment.”
W.P(C) No.947 of 2011-P 3
What is provided therein is that, 10% of the posts of employees of every society shall be reserved for SC/ST, that too, where the appointment to the post is by direct recruitment. The contention of the petitioner is that 10% should be applied on the total number of posts. Rule does not provide for such a reservation. In this case, the petitioner does not have a case that there are more than 10 posts or at any rate, more than 10 posts of Salesman so as to appoint more than one candidate belonging to SC/ST community. Therefore, I am unable to accept the contention of the petitioner. The appointments made do not suffer from any illegality, as alleged by the petitioner.
In the above circumstances, the writ petition fails and is accordingly dismissed.
Sd/- (P.V.ASHA, JUDGE)
rtr/
2 issues framed by the court
Whether the 10% reservation for SC/ST candidates under Section 80(4) of the Co-operative Societies Act should be calculated on total posts or only on direct recruitment posts.
Whether the appointment of one SC candidate satisfies the reservation requirement when only one such post is available in the bank.
1 provisions across 1 enactments
RAJESWARI K.
THE BADAGARA CO-OPERATIVE RURAL BANK LTD.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM
THE JOINT REGISTRAR (CO-OPERATIVE), KOZHIKODE
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
