The questions involved in these three writ petitions are relating to the power of the Registrar of Co-operative Societies to give sanction to effect relaxation being granted in qualification to the employees of the Co-operative Societies on the resolution passed by the committee of the society.

2. In the earlier two writ petitions. The petitioners were given relaxation in qualification for giving promotion by the resolution passed by the Pallipuram Service Co-operative Bank as per its resolution dated 1.4.2005. That resolution was passed under Rule 185(8) of the Kerala Co-operative Societies Rules (hereinafter referred to as the Rules). The said resolution passed by the Bank has been forwarded to the 1st respondent Registrar of Co-operative Societies for giving sanction as per the Rules. Pursuant to the request made by the Bank, the 1st respondent – Registrar of Co-operative Societies, had approved the resolution by Ext.P2 on 7.10.2005. In Ext.P2, it is stated that the relaxation granted to the petitioners will take effect from the date of the order namely with effect from 7.10.2005. The order of the Registrar approving the resolution passed by the Bank with effect from 7.10.2005 is challenged in these writ petitions.

3. In the 3rd writ petition, the 2nd respondent, the District Co-operative Bank passed a resolution on 19.4.2003 granting relaxation of qualification to the petitioner and promoted as Branch Manager as evidenced from Ext.P1. When Ext.P1 was forwarded to the Registrar, the 1st respondent, he had approved the resolution by Ext.P2 order dated 19.11.2003 in which it is stated that the promotion given to the petitioner by giving educational exemption shall be reckoned and the promotion given to him shall be regularised only from the date of the order namely with effect from 19-11-2003. This order is challenged in this writ petition.

4. The learned counsel appearing for the petitioners submits that as per Rule 186, qualifications were prescribed to various posts in the Co-operative Societies and Co-operative Banks for appointment and promotion. At the same time, as per Rule 185(8), the governing body or the committee of a co-operative Society or a bank is competent to relax the educational qualification on the basis of experience for promotion in deserving cases and as per the above Rule, the Registrar of Co-operative Societies has to approve the action taken by the Governing body or the committee and the Registrar has no power to reject or to decline the resolution passed by the Board of Directors. This position is already considered by this Court in the judgment reported in Kuttipuram Service Co-operative Bank v. State of Kerala (2004 (2) KLT 73). In the above judgment, this Court categorically held as follows:

“5. The grant of exemption from the prescribed qualification is governed by R.185. The Government cannot issue a circular in the nature of Ext.P3, prescribing how the power under R.185 should be exercised. None of the statutory provisions also enable the Government to issue such a direction. Therefore, Ext.P3 cannot be relied on to reject the application submitted by the petitioner Bank to grant exemption from the operation of the Rules regarding qualification to the concerned employees. The Bank is authorised to take the decision and the Joint Registrar is authorised to grant approval to the said decision. These authorities are entitled to exercise these powers uninfluenced by any direction issued by the Government.”

The above view of this Court was followed in subsequent judgments also.

5. This Court heard the learned Government Pleader appearing for the 1st respondent. The learned Government Pleader brought to the notice of this Court an amendment made to Rule 185(8) of the Rules as per G.O.(P) No.197/2005/Co-op. dated 10th August, 2005 which is published as SRO No.869/2005. As per the amendment brought to Rule 185(8), it is clearly stated that it shall be competent for the Registrar of Co-operative S