Disposed

V.H. Shafeek v. the Joint Registrar of Co-Operative Societies (General)

Kerala HC25 Nov 2022WP(C)/28673/2021

Case brief

AI extract

What is this about?

Petitioners challenged recruitment notifications issued by a Co-operative Bank for alleged violations regarding publication mode and reservation. The Court, noting the factual nature of allegations, directed the Joint Registrar to consider complaints after an opportunity of hearing and deferred bank action.

What did the court decide?

Directed Joint Registrar to consider petitions/complaints and dispose within two months; Society to defer action until outcome.

V.H. Shafeek Vs the Joint Registrar of Co-Operative… — Cooperative Societies | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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FRIDAY, THE 25TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944

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WP(C) NO. 28673 OF 2021

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PETITIONERS:

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1 V.H. SHAFEEK, AGED 40 YEARS, S/O. V. U. HASSAN, KONATTUPARAMBIL HOUSE, KANJIRAPPALLY P. O., KOTTAYAM - 686507.

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2 P. S. HASIM, AGED 35 YEARS, S/O. SAINUDHEEN, POOTHAKUZHI HOUSE, PALAMBRA P. O., PATTIMATTOM, KANJIRAPPALLY, KOTTAYAM – 686518.

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BY ADV P.C.SASIDHARAN

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RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), COLLECTORATE P.O., KOTTAYAM – 686002.

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2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MINI CIVIL STATION, KANJIRAPPALLY - 686507.

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3 THE KANJIRAPALLY CENTRAL SERVICE CO-OPERATIVE BANK LTD. NO.1537, KANJIRAPPALLY, KOTTAYAM - 686507, REPRESENTED BY ITS SECRETARY.

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4 ADDL.R4. ARAFATH IBRAHIM, PEON,THE KANJIRAPALLY CENTRAL SERVICE CO-OPERATIVE BANK LTD NO.1537, KANJIRAPALLY, KOTTAYAM-686 507.

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5 ADDL.R5. MUHAMMED SAJI, NIGHT WATCHMAN, THE KANJIRAPALLY CENTRAL SERVICE CO-OPERATIVE BANK LTD NO.1537, KANJIRAPALLY, KOTTAYAM-686 507.

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(ADDl R4 AND R5 ARE IMPLEADED AS PER ORDER DATED
10-03-22 IN IA 1/22)

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BY ADVS.
K.S.ARUN KUMAR
RAJEE P MATHEWS
SMT.PARVATHY.K-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 28673/21

JUDGMENT

The petitioners allege that Exts.P4 and P5 notifications

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were issued by the 3 rd respondent – ‘Kanjirapally Central Service Co-operative Bank’, calling for candidates to the post of Peon and Watchman, with the confutative intent of appointing persons of their choice; and that, for such reason, they have not published it in the manner as is required under the applicable Rules and Regulations, as also the Circulars of the Registrar of Co-operative Societies.

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2 . The petitioners also have a case that the afore said notifications are in violation of the legal mandate providing for reservation to physically challenged persons and also to SC/ST candidates and therefore, that they have preferred Exts.P6 and

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P7 complaints before the jurisdictional Joint Registrar of Cooperative Societies. They allege that, however, the said Authority has not taken any action thereon until now.

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3 . Sri.P.C.Sasidharan – learned counsel for the

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petitioners, asserted that even though the Society says that they

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WPC 28673/21

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have published Exts.P4 and P5 in ‘Madhyamam’ and ‘Mangalam’ Newspapers, his clients have verifiable and reliable information that said Newspapers have hardly any circulation in the locality. He submitted that this is completely contrary to the imperative and mandatory stipulation contained in the Circulars of the Registrar, which, in fact, uses the word ‘wide circulation’, in association with such notifications.

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4 . In response, Smt.Rajee P. Mathews – learned counsel

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appearing for the Society, initially sought time to file counter pleadings, but submitted that, if this Court is only inclined to direct the Joint Registrar to consider Exts.P6 and P7, then her client would not stand in the way, but prayed that they be ordered to be given sufficient opportunity to establish their rival contentions.

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5 . Smt.Parvathy K. - learned Government Pleader , submitted that since the allegations of the parties are in the realm of facts, the Joint Registrar is willing to consider Exts.P 6 and P7; however, praying that this Court may not make any affirmative declarations on either of their positions and leave it

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WPC 28673/21

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to the said Authority to take a decision on all aspects, including

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whether Exts.P4 and P5 notifications were published in Newspapers which have ‘wide circulation’ in the locality concerned.

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6 . Taking note of the afore submissions and since it will

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be impossible for this Court to deal with the allegations of the petitioners – the disputations being edificed on contested fact and being dependent upon assessment of factual and documentary inputs – while acting under Article 226 of the Constitution of India , I deem it appropriate to accede to the afore request of the learned Government Pleader .

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In the afore circumstances, I order this Writ Petition and direct the 1 st respondent – Joint Registrar of Co-operative Societies, to take up Exts.P6 and P7 complains of the petitioners and dispose them of, after affording the petitioners and the party respondents, as also the Society, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.

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WPC 28673/21

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In order to obtain an expeditious compliance of the afore

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directions, I direct the parties to mark appearance before the Joint Registrar at 11 A.M. on 02.12.2022; on which day, the said Authority will either hear them or fix another convenient date for such purpose, but complete proceedings within the afore time frame.

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Until such time as the afore exercise is completed and the resultant order communicated to all parties, the Society will defer further action pursuant to Exts.P 4 and P5 and will be entitled to continue subsequently based on the decision to be taken by the Joint Registrar.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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RR

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WPC 28673/21

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APPENDIX OF WP(C) 28673/2021

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`PETITIONER EXHIBIT`	`S`
`Exhibit P1`	`TRUE COPY OF THE` `ISSUED BY THE MED` `28.01.2008 TO THE`	`DISABILITY CERTIFICATE` `ICAL BOARD DATED` `1ST PETITIONER.`
`Exhibit P2`	`TRUE COPY OF THE` `14.07.2011 ISSUED` `CO-OPERATIVE SOCI`	`CIRCULAR NO.54/11 DATED` `BY THE REGISTRAR OF` `ETIES.`
`Exhibit P2(a)`	`TRUE COPY OF THE` `EXT. P2.`	`ENGLISH TRANSLATION OF`
`Exhibit P3`	`TRUE COPY OF THE` `DATED 09.11.2011.`	`CIRCULAR NO.79/2011,`
`Exhibit P4`	`TRUE COPY OF THE` `06.02.2021 ISSUED` `DAILY.`	`NOTIFICATION DATED` `IN THE MADHYAMAM`
`Exhibit P4(a)`	`TRUE COPY OF THE` `EXT.P4.`	`ENGLISH TRANSLATION OF`
`Exhibit P5`	`TRUE COPY OF THE` `06.02.2021 ISSUED`	`NOTIFICATION DATED` `IN THE MANGALAM DAILY.`
`Exhibit P5(a)`	`TRUE COPY OF THE` `EXT.P5.`	`ENGLISH TRANSLATION OF`
`Exhibit P6`	`TRUE COPY OF THE` `SUBMITTED BY THE` `09.12.2021 BEFORE`	`REPRESENTATION` `1ST PETITIONERS DATED` `THE 1ST RESPONDENT.`
`Exhibit P6(a)`	`TRUE COPY OF THE` `EXT.P6.`	`ENGLISH TRANSLATION OF`
`Exhibit P7`	`TRUE COPY OF THE` `SUBMITTED BY THE` `09.12.2021 BEFORE`	`REPRESENTATIONS` `2ND PETITIONER DATED` `THE 1ST RESPONDENT.`
`Exhibit P7(a)`	`TRUE COPY OF THE` `EXT.P7.`	`ENGLISH TRANSLATION OF`
`Exhibit P8`	`TRUE COPY OF THE` `BY THE BANK ON 17` `OF PEON.`	`RANKED LIST PUBLISHED` `.12.2021 FOR THE POST`
`Exhibit P9`	`TRUE COPY OF THE` `BY THE BANK ON 17` `OF NIGHT WATCHMAN`	`RANKED LIST PUBLISHED` `.12.2021 FOR THE POST` `.`
`Exhibit P10` `RESPONDENTS’ EXTS:`	`TRUE COPY OF THE` `NOTICE DATED 6.12` `EMPLOYEES OF THE`	`RELEVANT PAGES OF THE` `.2021 AND THE LIST OF` `3RD RESPONDENT BANK.`
`ANNEXURE A1`	`TRUE COPY OF HTE` `THE BANK ON 17.12` `PEON AND NIGHT WA`	`RANK LIST PUBLISHED BY` `.2021 FOR THE POST OF` `TCHMAN`

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WPC 28673/21

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ANNEXURE A2TRUE COPY OF HTE RELEVANT PAGES OF THE
NOTICE DATED 6.12.2021 AND THE LIST OF
EMPLOYEES OF THE 3RD RESPONDENT BANK

V.H. Shafeek v. the Joint Registrar of Co-Operative Societies (General)

Case brief

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V.H. Shafeek v. the Joint Registrar of Co-Operative Societies (General)

Case brief

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