Remanded
A. Shajahan v. Kulasekharapuram Service Co-Operative Bank Ltd. No. 995
Kerala HCWP(C)/403/2022
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944
WP(C) NO. 403 OF 2022
PETITIONERS:
1 A. SHAJAHAN AGED 54 YEARS S/O.ALIKUNJU, KOCHUKANHIKKAL, (SHAJAHAN MANZIL), ADINAD SOUTH, KATTILKADAVU P.O., KARUNGAPPALLY, KOLLAM DISTRICT, PIN - 690 642 (MEMBERSHIP NO.8009).
2 S.RAJU AGED 53 YEARS S/O.SIVADASAN, ASSARIPARAMBIL (SREEMANGALATH), ADINAD SOUTH, KATTILKADAVU P.O., KARUNGAPPALLY, KOLLAM DISTRICT, PIN- 690 642 (MEMBERSHIP NO.8315).
BY ADVS. N.N.SUGUNAPALAN (SR.) ABDUL SALIM M.
RESPONDENT/S:
1 KULASEKHARAPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 995 KATTILKADAVU P.O., KARUNGAPPALLY, KOLLAM DISTRICT, PIN - 690 642, REPRESENTED BY ITS SECRETARY.
3 THE BOARD OF DIRECTORS OF KULASEKHARAPURAM SERVICE COOPERATIVE BANK LTD.NO.995 KATTILKADAVU P.O., KARUNGAPPALLY, KOLLAM DISTRICT, PIN - 690 642, REPRESENTED BY ITS SECRETARY.
4 ADDL R4 ANU ASHOK, AGED 39 YEARS, S/O ASHOK KUMAR, THIRUMUTTATH BANGLOW,VALLIKKAVU, PLAPANA.P.O, KOLLAM DISTRICT, PIN-690 525. (ADDITIONAL R4 IMPLEADED AS PER THE ORDER DATED 22.03.2022 IN I.A.NO.1/2022 IN WP(C)no.403/2022)
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022] 2
(ADDITIONAL R5 IMPLEADED AS PER THE ORDER DATED 22.03.2022 IN I.A.NO.2/2022 IN WP(C)NO.403/2022)
6 ADDL. R6. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CO-OPERATIVE'S JOINT REGISTRAR'S (GENERAL) OFFICE, CIVIL STATION, KOLLAM-691 134.(ADDITIONAL R6 IMPLEADED AS PER THE ORDER DATED 09.11.2022 IN I.A.NO.4/2022 IN WP(C)NO.403/2022)
7 ADDL. R7. RAJI MOL, D/O RAVEENDRAN, RAVI NIVAS, ADINAD SOUTH, KATTILKADAVU.P.O, KARUNAGAPALLY, KOLLAM DISTRICT-690 642. (ADDITIONAL R7 IMPLEADED AS PER THE ORDER DATED 09.11.2022 IN I.A.NO.4/2022 IN WP(C)NO.403/2022)
8 ADDL. R8. ANEER, S/O POOKUNJU, PUTHENPURAYIL, K.S.PURAM.P.O, PUNNAKKULAM, KARUNAGAPALLY, KOLLAM DISTRICT-690 544.(ADDITIONAL R8 IMPLEADED AS PER THE ORDER DATED 09.11.2022 IN I.A.NO.4/2022 IN WP(C)NO.403/2022)
9 ADDL.R9. SINIMOL, D/O SUGATHAN, CHOOLUR MEENATHATHIL, ADINAD SOUTH, KATTILKADAVU.P.O, KARUNAGAPALLY, KOLLAM DISTRICT-690642.(ADDITIONAL R9 IMPLEADED AS PER THE ORDER DATED 09.11.2022 IN I.A.NO.4/2022 IN WP(C)NO.403/2022)
10 ADDL. R10. ABDUL SAMAD, S/O KHALID, KARUKUNNEL, VAVVAKKAVU.P.O, KARUNAGAPALLY, KOLLAM DISTRICT-690 528. (ADDITIONAL R10 IMPLEADED AS PER THE ORDER DATED 09.11.2022 IN I.A.NO.4/2022 IN WP(C)NO.403/2022)
BY ADVS. D.SOMASUNDARAM S.KARTHIKA HANA KARNOLIA MADONA CYRIL K.MEERA PREETHY KARUNAKARAN ANJANA M VADHYAR
SMT.RESMI THOMAS-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2022, ALONG WITH WP(C).6380/2022, 13563/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022]
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944
WP(C) NO. 6380 OF 2022
PETITIONER:
RESHMI R, AGED 33 YEARS W/O ASHOKAN, KUMBAZHA, VAVVAKAVU P O, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690528.
BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH T.S.SREEKUTTY
RESPONDENTS:
1 THE KULASEKHARAPURAM SERVICE CO-OPERATIVE BANK LTD NO.955, KUTTILKADAVU P O, KARUNAGAPPALLY, KOLLAM690542., REPRESENTED BY ITS SECRETARY.
2 THE BOARD OF DIRECTORS THE KULASEKHARAPURAM SERVICE CO-OPERATIVE BANK LTD NO.955, KUTTILKADAVU P O, KARUNAGAPPALLY, KOLLAM690542. REPRESENTED BY ITS PRESIDENT. 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CO-OPERATIVE'S JOINT REGISTRAR'S (GENERAL) OFFICE, CIVIL STATION, KOLLAM-691013. 4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),A R OFFICE, KARUNAGAPALLY, KOLLAM DISTRICT, PIN-691584. BY ADV D.SOMASUNDARAM SMT.RESMI THOMAS-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2022, ALONG WITH WP(C).403/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
4
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022]
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944
WP(C) NO. 13563 OF 2022
PETITIONERS:
S/O. SREEDHARAN NAIR, PANIKKAVEETIL, VADAKKATHIL, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT,PIN-690 542
BY ADV S.JAYAKRISHNAN (KARUNAGAPPALLY)
RESPONDENTS:
BY ADV D.SOMASUNDARAM, SMT.RESMI THOMAS-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2022, ALONG WITH WP(C).403/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022]
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944
WP(C) NO. 22611 OF 2022
PETITIONER:
THANVEER MUHAMMED, AGED 20 YEARS S/O ABDUL VAHAB. M, PUTHUPPURAKKAL, ADINAD SOUTH, KATTILKADAVU P.O. KARUNAGAPPALLY, KOLLAM DISTRICT, PIN -690642
BY ADVS. N.N.SUGUNAPALAN (SR.) ABDUL SALIM M.
RESPONDENTS:
1 KULASEKHARAPURAM SERVICE CO-OPERATIVE BANK LTD NO-995 KATTILKADAVUP.O, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690642, REPRESENTED BY ITS SECRETARY.
2 THE BOARD OF DIRECTORS OF KULASEKHARAPURAM SERVICE COOPERATIVE BANK LTD, NO. 995 KATTILKADAVU P.O, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN -690 642 REPRESENTED BY ITS PRESIDENT.
BY ADV D.SOMASUNDARAM, SMT.RESMI THOMAS-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2022, ALONG WITH WP(C).403/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022]
6
JUDGMENT
Amidst the various assertions, allegations
and averments made and urged in these writ petitions, the petitioners impel a small issue as to whether an “Outside Agency”, as per the provisions of Rule 182(5) of the Kerala Co-
operative Societies Rules (hereinafter called
“KCS” Rules for short), ought to have had recognition on the date on which they conducted the written examination for selection of candidates to the posts in a Co-operative Society.
Counsel, instructed by Sri.M.Abdul Salim – learned counsel for the petitioners in WP(C)No.22611/2022 and WP(C)No.403/2022,
pertinently argued that, as is evident from
Ext.P5 in WP(C)No.403/2022 and Ext.P8 in WP(C)NO.22611/2022, it is unreservedly admitted
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022]
7
by the jurisdictional Joint Registrar of Cooperative Societies and by other Authority concerned that, on 15.01.2022, when the written examination was conducted by an agency by name “Institute of Co-operative Management Services”
(ICMS), they did not have approval, as statutorily mandated. The learned Senior Counsel submitted that, therefore, the entire process is vitiated; and hence prayed that the rank list, prepared consequent to the said process, be set aside and the Bank be directed to conduct examination and the selection afresh. He concluded his submissions saying that, however, in spite of his client having brought all these information to the notice of the Joint Registrar, said Authority has issued Ext.P5 in WP(C)No.403/2022, skirting the said
contention, however, conceding that “ICMS” did not have recognition on 15.01.2022.
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022] 8
Senior Counsel were fully adopted by Sri.Anjana Kannath – learned counsel for the petitioner in WP(C)NO.6380 of 2022 and by Sri.S.Jayakrishnan
– learned counsel appearing in
WP(C)No.13563/2022.
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022] 9
therefore, the written test cannot be construed to be vitiated for this reason because, until the agency was told by the competent Authority that their approval cannot be granted, or it was expressly denied, they were authorised to act in terms of the earlier approval, which they were enjoying for the last several years.
the petitioners and the Society are at
variance, as far as the legal issue whether “ICMS” could have conducted the examination on
15.01.2022, when, concededly, extension of
their approval after 01.01.2022 had not been granted by the competent Authority.
learned Government Pleader, about this and she admitted that the earlier approval granted to the “ICMS” was valid only until 31.12.2021 and
that it was subsequently renewed only on 18.01.2022. She, however added that, she does
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022] 10
not have any comment on the internecine
disputes between the parties with respect to the period of 18 days when the “ICMS” did not
have a formal recognition or approval after the conduct of the written examination, but argued
that this perhaps would not be relevant on
account of the fact that said Agency was granted renewal of their approval on
18.01.2022.
party respondents in these cases, adopted the submissions of the learned Standing Counsel for the Society – Sri.D.Somasundaram, saying that their clients were found, through the process of selection, to be the most competent and suitable and thus selected for appointment.
They added that, solely on account of the interim orders in this case, his clients'
appointments have not been effected by the Society; and therefore, prayed that this writ
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022] 11
petition be dismissed, asserting that “ICMS” was fully authorised to have conducted the examination on 15.01.2022, which is manifest from the fact that they got their approval formally extended through the order dated 18.01.2022, as submitted by the learned
Government Pleader.
crucial issue in these cases, is whether the “ICMS” could have conducted the examination on 15.01.2022. This is because, as already seen above, their original approval was valid until 31.12.2021, but it was formally renewed only through orders dated 18.01.2022.
notice that this issue has never been
considered or evaluated by any competent
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022] 12
Authority until now.
Sri.N.N.Sugunapalan – learned Senior Counsel for the petitioners, in Ext.P5 - produced along
with WP(C)No.403/2022 - the Joint Registrar
dealt with this issue, but then chose not to
answer it, but recording that “ICMS” did not have approval as on 15.01.2022 – being the date of the examination.
this aspect will have to be evaluated and considered by the jurisdictional Joint
Registrar, adverting to the rival contentions of the parties, as also scope of law relating to the grant of approval and its renewal of
Outside Agencies, entrusted with the task of conducting the written examinations, under the
ambit of Rule 182(5) of the KCS Rules.
Resultantly, I order these writ petitions
and direct the jurisdictional Joint Registrar
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022] 13
of Co-operative Societies to hear all the
parties and take a decision as to the validity
of the selection process conducted by the Society, adverting to the afore recorded contentions, as also to my observations above; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Needless to say, until such time as the
afore exercise is completed and the resultant
orders communicated to the parties, all appointments by the Bank from the rank list in question, shall stand deferred.
Sd/-
DEVAN RAMACHANDRAN JUDGE
SAS
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[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022]
APPENDIX OF WP(C) 6380/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF INTERIM ORDER PASSED IN WPC NO.403/2022 BY THIS HON'BLE COURT.
Exhibit P2 TRUE COPY OF INTERIM ORDER DATED 3.3.2016 IN WPC NO.8162/2016 OF THIS HON'BLE COURT.
Exhibit P3 TRUE COPY OF COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 09.01.2022.
Exhibit P4 TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER N 17.01.2022 BEFORE THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF CIRCULAR NO.18/91 DATED 07.06.1991 ISSUED BY THE REGISTRAR OF COOPERATIVE SOCIETIES. Exhibit P6 TRUE COPY OF PROCEEDINGS DATED 20.01.2021 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. Exhibit P7 TRUE COPY OF RANKED LIST PUBLISHED FOR THE POST OF PEON BY THE 1ST RESPONDENT DATED 28.01.2022.
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022]
15
APPENDIX OF WP(C) 13563/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PAPER PUBLICATION DATED 01.11.2021 Exhibit P2 TRUE COPY OF HALL TICKET OF 1ST PETITIONER Exhibit P3 TRUE COPY OF HALL TICKET OF 2ND PETITIONER Exhibit P4 TRUE COPY OF THE RANK LIST OF PEONS DATED 28.1.2022 PUBLISHED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE RANK LIST OF DRIVER DATED 28.1.2022 PUBLISHED BY THE 1ST RESPONDENT
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022] 16
APPENDIX OF WP(C) 22611/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF INTERIM ORDER DATED 07.01.2022 PASSED IN W.P(C) NO.403/2022 BY THE HON' BLE HIGH COURT Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 03.03.2016 PASSED IN WP(C) NO. 8162/2016. Exhibit P3 TRUE COPY OF THE APPLICATION ENCLOSING THE RECEIPT SHOWING THE REQUIRED FEES (RS. 300/-) REMITTED AS APPLICATION FEE DATED 10.11.2021. Exhibit P4 TRUE COPY OF THE ADMISSION TICKET BEARING NO. P-117 DATED 29.12. 2021. Exhibit P5 TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER ON 14.01.2022 BEFORE THE 3RD RESPONDENT. Exhibit P6 TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER ON 20.01.2022 BEFORE THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF CIRCULAR NO.18/91 DATED 07.06.1991 ISSUED BY THE REGISTRAR OF COOPERATIVE SOCIETIES. Exhibit P8 TRUE COPY OF THE PROCEEDINGS DATED 20.01.2021 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES. Exhibit P9 TRUE COPY OF RANKED LIST PUBLISHED FOR THE POST OF PEON BY THE 1ST RESPONDENT DATED 28.01.2022.
17
[WP(C) Nos.403/2022, 6380/2022, 13563/2022, 22611/2022]
APPENDIX OF WP(C) 403/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN MALYALA MANORAMA DAILY DATED 02/11/2021. Exhibit P2 TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN KERALA KAUMUDI DAILY DATED 09/01/2016.
Exhibit P3 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.8162/2016 DATED 03/03/2021.
RESPONDENTS' EXHIBITS
Exhibit R3 A TRUE COPY OF THE RANK LIST OF PEONS AND DRIVER APPROVED BY THE BOARD
PETITIONERS' EXHIBITS
| Exhibit P4A | TRUE COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER / DEPONENT. |
|---|---|
| Exhibit P4 B | TRUE COPY OF THE RANKED LIST DATED 28/1/2022 TO THE POST OF PEON |
| Exhibit P4(b) | LIST OF A FEW NAMES OF THE APPOINTEES KNOWN TO THE PETITIONERS SHOWING THE RELATIONSHIP WITH THE BOARD MEMBERS. |
| Exhibit P5 | TRUE COPY OF THE COMMUNICATION OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 19/03/2022. |
| Exhibit P6 | TRUE COPY OF CIRCULAR NO.79/2011 DATED 09/11/2011 ISSUED BY THE REGISTRAR OF CO- OPERATIVE SOCIETIES. |
| Exhibit P7 | TRUE COPY OF THE NEWS REGARDING THE IRREGULARITIES IN SELECTION PROCESS FOR THE APPOINTMENT IN THE BANK PUBLISHED IN "KERALA KAUMUDI DAILY" DATED 09/03/2022. |
2 issues framed by the court
Whether the Outside Agency (ICMS) was authorized to conduct the written examination on 15.01.2022 given their approval was valid only until 31.12.2021 and renewed on 18.01.2022.
Whether the selection process conducted by the Society is valid under Rule 182(5) of the Kerala Co-operative Societies Rules.
1 provisions across 1 enactments
A. SHAJAHAN
S. RAJU
RESHMI R
JAYAKUMAR S.
SHAHIDA BEGUM
THANVEER MUHAMMED
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court