Judges : CYRIAC JOSEPH,K.THANKAPPAN
The Vazhithala Service Co-operative Bank - Appellant
Versus
The Registrar of Co-Operative Societies - Respondent
Case No : WA.No.688 of 2002
Decided On : 04/30/2003
Advocates Appeared :
For the Appellant: T.R.Ramachandran Nair, Advocate. For the Respondent : Thomas Kutty - Government Pleader, R3 P.V. Baby, Advocate.
Kerala Co operative Societies Act 1969 - Section80B – Appointment – Acquittal - Bank also disputed assumption of second respondent that qualified persons in feeder category were not heard before taking decision to make appointment by direct recruitment - It was contended that Registrar was informed that two officers in feeder category were not qualified and two qualified officers in feeder category had relinquished their claim for promotion – Held, Even after coming into force of S. 80B of Act and constitution of Co-operative Service Examination Board if appellant chose to spend money for getting written examination conducted by an agency other than Co-operative Service Examination Board Appellant alone should bear blame and suffer loss on account of its action contrary to statutory provisions - Such a conscious violation of statutory provision by appellant Bank cannot be a valid ground for seeking exemption from operation of statutory provision - Appeal dismissed
Cyriac Joseph, J.
1. This Writ Appeal is filed against the judgment in O.P.No.26196 of 2001. The appellant is the petitioner in the Original Petition.
2. The appellant is Vazhithala Service Co-operative Bank Limited (hereinafter referred to as "the Bank"). As per the bye laws of the Bank, the post of Secretary is to be filled up either by promotion from the cadre of Assistant Secretary/Manager/Chief Accountant or by direct recruitment. Sri. K. M. Mathai, the Secretary of the Bank, was due to retire from service on 31.8.2000. The Assistant Secretary Smt.N.G. Santhakumari and the Branch Manager Smt.N.M.Anice did not possess the necessary qualification for promotion to the post of Secretary. Sri.K.Sugathan Nair and Smt.K.C.Cicily, who are Accountants in the Bank were qualified for the post of Secretary but they relinquished their claim for the post of Secretary. Hence, the Board of Directors of the Bank as per Resolution No.9/239 dated 3.7.2000 resolved to make appointment to the post of Secretary by direct recruitment. The Bank approached the Registrar of Co-operative Societies (first respondent) for necessary sanction/permission for making the appointment. The application was routed through the Assistant Registrar of Co-operative Societies (General), Thodupuzha (second respondent). The second respondent returned the application to the Bank stating that the relinquishment letters of Sri.K.Sugathan Nair and Smt.K.C.Cicily should be produced along with the application. The application was re-submitted to the second respondent along with the relinquishment letters. As per letter dated 16.11.2000 [Ext.P4(a)], the Registrar of Co-operative Societies granted permission to the Bank to make direct recruitment to the post of Secretary but directed that the written test should be conducted by the Institute of Co-operative Management, Thiruvananthapuram. Since the Institute of Co-operative Management, Thiruvananthapuram expressed their inability to hold the written test, the Bank approached the first respondent for further orders. As per his letter dated 12.1.2001 (Ext.P4), the first respondent granted permission to the Bank to make appointment to the post of Secretary subject to the conditions contained in Circular No.18/91 of the Registrar of Co-operative Societies and directed that the written test should be conducted by the Institute of Management in Government, Ernakulam and that the principles of reservation should be observed by the Bank. After the first respondent granted permission to fill up the post of Secretary by direct recruitment as per his letter dated 16.11.2000, the Bank advertised the vacancy and invited applications through notification published in two leading Malayalam dailies on 20.11.2000. Eleven applications were received within the time stipulated. On receipt of Ext.P4 letter dated 12.1.2001 of the first respondent the Bank on 8.2.2001 wrote to the Institute of Management in Government, Ernakulam requesting to conduct the written test. As per their letter dated 15.3.2001 (Ext.P5), the Institute of Management in Government, Ernakulam communicated their terms and conditions for conducting the written test. The Bank remitted the prescribed fee and complied with all the conditions contained in Ext.P5. The written test was conducted by the Institute of Management in Government on 24.6.2001 at St.Sebastian's Higher Secondary School, Vazhithala. Nine out of the 11 applicants appeared for the written test. In their letter dated 25.6.2001 (Ext.P6), the Institute of Management in Government, Ernakulam forwarded to the Bank the results of the written test along with all the relevant documents relating to the written test. Ext.P7 is the list of six candidates qualified for interview. The interview of the candidates was held on 5.7.2001. All the six candidates included in Ext.P7 list appeared for the interview before the Interview Board consisting of all the eight Directors of the Bank. While the interview was going
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