Remanded

Athira Raju v. the Registrar of Co-Operative Societies

Kerala HC19 Jan 2023WP(C)/405/2023

Case brief

AI extract

What is this about?

This judgment dismisses immediate writ petitions challenging the selection process of a Co-operative Bank. The Court orders petitioners to approach the Joint Registrar of Co-operative Societies to evaluate factual disputes regarding malpractice and reservation norms before invoking further writ jurisdiction.

What did the court decide?

Direction to approach the Joint Registrar of Co-operative Societies with a complaint within two weeks to investigate allegations of malpractice and malfeasance prior to further litigation.

Athira Raju Vs the Registrar of Co-Operative Societies — Cooperative Societies | Kerala HC (2023)

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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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THURSDAY, THE 19^TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

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WP(C) NO. 405 OF 2023

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PETITIONER:

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ATHIRA RAJU, AGED 29 YEARS D/O K.K. RAJU, KOTHAKUNNIL (HOUSE), KIDANGOOR P.O, PIRAYAR, KOTTAYAM, PIN - 686572

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BY ADVS. SAHL ABDUL KADER SANJITH KUMAR R.

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RESPONDENTS:

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1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O. THIRUVANANTHAPURAM, PIN - 695014

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2 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES COLLECTORATE, K K ROAD, KOTTAYAM, PIN - 686002

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3 THE ASSISTANT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES, MEENACHIL, KOTTAYAM, PIN - 686575

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4 THE KIDANGOOR SERVICE CO-OPERATIVE BANK LIMITED NO. 3431, REPRESENTED BY ITS SECRETARY, KIDANGOOR, PIN - 686657

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5 THE BOARD OF DIRECTORS OF THE KIDANGOOR SERVICE COOPERATIVE BANK LIMITED NO. 3431 REPRESENTED BY ITS PRESIDENT, KIDANGOOR, PIN - 686657

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BY ADVS. O.D.SIVADAS MOHAMED HANEEFA PERINCHEERI(K/001444/2022)

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SRI.ARAVIND V MATHEW-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2023, ALONG WITH WP(C).438/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[WP(C) Nos.405/2023, 438/2023]

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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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THURSDAY, THE 19^TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

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WP(C) NO. 438 OF 2023

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PETITIONER:

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SUBRAMONIAN MOOS N.S, AGED 63 YEARS S/O LATE N. SREEKUMARAN MOOS, NARAYANAMANGALAM, KIDANGOOR SOUTH P.O., KOTTAYAM, PIN - 686583 BY ADVS. ALEX.M.SCARIA SARITHA THOMAS ALEN J. CHERUVIL

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RESPONDENTS:

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1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O. THIRUVANANTHAPURAM, PIN - 695014

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2 THE JOINT REGISTRAR (GENERAL)OF CO-OPERATIVE SOCIETIES COLLECTORATE, K K ROAD, KOTTAYAM, PIN - 686002

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3 THE ASSISTANT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES, MEENACHIL, KOTTAYAM, PIN - 686575

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4 THE KIDANGOOR SERVICE CO-OPERATIVE BANK LIMITED NO. 3431, REPRESENTED BY ITS SECRETARY, KIDANGOOR, PIN - 686657

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5 THE BOARD OF DIRECTORS OF THE KIDANGOOR SERVICE COOPERATIVE BANK LIMITED NO. 3431 REPRESENTED BY ITS PRESIDENT, KIDANGOOR, PIN - 686657

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BY ADVS. O.D.SIVADAS MOHAMED HANEEFA PERINCHEERI(K/001444/2022)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2023, ALONG WITH WP(C).405/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[WP(C) Nos.405/2023, 438/2023]

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JUDGMENT

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The petitioners in both these cases assail

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the selection processes conducted by the Kidangoor Service Co-operative Bank Limited (hereinafter referred to as 'Society' for short), to the post of Peon in their services.

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While WP(C)No.438/2023 has been filed

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by a member of the Society, on the assertion that the selection processes have been done by the Society in violation of the applicable reservation norms and with an intent to bypass the Statutory Examination Board, even where

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there is no requirement for filling up the posts; WP(C)No.405/2023 has been filed by candidate who appeared in the process, but now alleges that blank answer sheets were collected during the examination by the Society, so as to favour persons of their

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[WP(C) Nos.405/2023, 438/2023]

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choice.

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Sri.O.D.Sivadas – learned Standing

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Counsel for the Society, however, submitted that the afore allegations are all untenable and that petitioners are acting with confutative motives. He asserted that the petitioner in WP(C)No.438/2023 is a member of the Society, who is now making untenable allegations without any substantive basis for the reasons that are best known to him; while the petitioner in WP(C)NO.405/2023 is a participant in the process, who cannot now assail it on the ground that blank answer sheets were collected. He pointed out that said petitioner has obtained lesser marks than various others in the examination and that, therefore, her allegations can only be seen to

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be an afterthought, which cannot be countenanced by this Court.

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[WP(C) Nos.405/2023, 438/2023]

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4. Before I move forward, I must record

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that the petitioner in WP(C)No.405/2023 had earlier approached this Court, in which Ext.P7 judgment therein had been issued, directing the Society to allow the candidates to use only pens and not pencils to fill up the OMR answer sheets. It is conceded that this has been done.

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these cases, it becomes evident that what is imputed is that the Society is acting in a nepotistic and capricious manner, so as to appoint persons of their choice and that they are conducting the examination processes without competence, since it is vested with the Statutory Examination Board to do so.

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As seen above, there are also allegations that the reservation norms have not been followed and that there were

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[WP(C) Nos.405/2023, 438/2023]

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malpractices in the examination, including that blank answer sheets were accepted.

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Obviously, the afore issues cannot be considered by this Court at the first instance, while it acts under Article 226 of the Constitution of India, since an evaluation of all germane factual and documentary materials and inputs will have to be done. This is the best left to the Joint Registrar of Co-operative Societies to do, so that petitioners can then invoke their remedies before this Court, if so required.

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Resultantly, I order these writ petitions to the limited extent of leaving liberty to the petitioners to invoke the jurisdiction of the competent Joint Registrar of Co-operative Societies with any representation or complaint that they may intend to make; and if this is done within a period of two weeks from the

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[WP(C) Nos.405/2023, 438/2023]

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date of receipt of a copy of this judgment,

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same shall be considered by the said Authority, after hearing all sides, including the affected and interested persons; thus culminating in an appropriate order and necessary action thereon.

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I make it clear that while acting under the afore liberty, petitioners are also free to invoke the provisions of Rule 176 of the Kerala Co-operative Societies Rules; and if this is done, the Joint Registrar will deal with it also as per law.

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After I dictated this part of the judgment, Sri.Alen J.Cheruvil – learned counsel for the petitioner in

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had specifically mentioned the names of the

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persons pre-chosen by the Society in

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[WP(C) Nos.405/2023, 438/2023]

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was delivered by this Court – and that same persons have now been appointed which clearly establishes the malafidies involved.

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If the afore allegations of the petitioner in WP(C)No.30458/2019 are true, then this is certainly a matter that the Joint Registrar must consider with the seriousness that it requires; and I direct the said Authority to do so, if such a contention is impelled before him through the afore exercise.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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SAS

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[WP(C) Nos.405/2023, 438/2023]

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APPENDIX OF WP(C) 438/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 16/08/2019 CALLING FOR APPLICATION TO THE VACANCIES OF THE 4TH RESPONDENT PUBLISHED IN THE DESABHIMANI DAILY DATED 18/08/2019 Exhibit P2 TRUE COPY OF THE WPC NO. 30458/2019 ALONG WITH EXHIBITS, ON THE FILES OF THIS HONOURABLE COURT. Exhibit P3 TRUE COPY OF THE JUDGMENT IN WPC NO. 30458/2019 DATED 20/06/2022 PASSED BY THIS HONOURABLE COURT. Exhibit P4 TRUE COPY OF THE JUDGMENT IN WA NO. 1428/2022 DATED 20/10/2022 PASSED BY THIS HONOURABLE COURT. Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 09/12/2022 IN WPC NO. 40045/2022 PASSED BY THIS HONOURABLE COURT.

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[WP(C) Nos.405/2023, 438/2023]

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APPENDIX OF WP(C) 405/2023

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY OF THE NOTIFICATION DATED 16/08/2019 CALLING FOR APPLICATION TO THE VACANCIES OF THE 4TH RESPONDENT PUBLISHED IN THE DESABHIMANI DAILY DATED 18/08/2019.
Exhibit P2	TRUE COPY OF THE JUDGMENT DATED 20/06/2022 IN W.P.(C) NO. 17652/2020 OF THIS HON'BLE COURT.
Exhibit P3	TRUE COPY OF THE JUDGMENT DATED 20/10/2022 IN W.A. NO. 1427/2022 OF THIS HON'BLE COURT.
Exhibit P4	TRUE COPY OF THE TRUE COPY OF THE ADMISSION TICKET REGISTRATION NO. P1055 DATED 19.11.2022 FOR THE POST OF PEON ISSUED BY THE 4TH RESPONDENT.
Exhibit P5	TRUE COPY OF THE ADMISSION TICKET REGISTRATION NO. S2040 DATED 19.11.2022 FOR THE POST OF SALESMAN ISSUED BY THE 4TH RESPONDENT.
Exhibit P6	TRUE COPY OF THE ORDER DATED 09/12/2022 IN W.P.(C) NO. 40045/2022 OF THIS HON'BLE COURT.
Exhibit P7	TRUE COPY OF THE JUDGMENT DATED 12/12/2022 IN W.P.(C) NO. 40045/2022 OF THIS HON'BLE COURT.

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//TRUE COPY//

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P.A TO JUDGE

Athira Raju v. the Registrar of Co-Operative Societies

Case brief

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Athira Raju v. the Registrar of Co-Operative Societies

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