Judgename : J.B.KOSHY,THOMAS P.JOSEPH
Deepthy Vijayakumar - Appellant
Versus
Joint Registrar of Co-Operative - Respondents
Case No : WA.No.1337 of 2007
Decided On : 08/22/2008
Service -Constitution of India, Article 14 and Article 16( 2) -Appeal relates to the appointment of Junior clerks in the second respondent Co-operative Bank Ltd. In the year 2001. Appellant was one of the candidates to the above post -. Appellant got 94 marks out of 160. Even though she was rank No. III in the written test, after the interview she was placed in Xth rank as she got only 3 marks out of 20 in the interview -impugned judgment noticed that minutes book were not produced. Interview was conducted on 25.3.2001. Writ Petition was filed only on 21.10.2002., without going into the merits of contentions, Writ Petition was dismissed on the ground of latches -Held, contended by the selected candidates that they were working and the salary already earned should not be taken back. similar plea was made before the Supreme Court in Krishna Yadav' s case (supra) -effect of setting aside the selection would mean the appointments held by these 96 candidates (including the respondents) will have no right to go to the office speaking court should require them to disgorge the benefit of these ill-gotten gains -proper lesson would be learnt by them if their appointments are set aside teaching them that dishonesty could never pay -Appeal is allowed.
Koshy, J.
This appeal relates to the appointment of Junior clerks in the second respondent Co-operative Bank Ltd. In the year 2001. Appellant was one of the candidates to the above post. She was rank No:III in the written test. Appellant got 94 marks out of 160. Even though she was rank No: III in the written test, after the interview she was placed in Xth rank as she got only 3 marks out of 20 in the interview. It is contended that a candidate/respondent No: 9 who got rank No: 13 in the written test was awarded 20 out of 20 in the interview and 65 marks out of 160 and who was placed as rank No: 5 she was given appointment. The appellant alleges serious irregularities in the conduct of the selection. According to her interview was conducted by the Board members in such a way as to give maximum marks to the persons of their choice. The specific allegation of the appellant is that written test was conducted by an independent agency (Institute of Management in general) and the mark list in the written test was forwarded to the agency in a sealed cover. The management committee opened the sealed cover prior to the interview and after knowing about the marks of each candidates they have conducted the interview which enabled them to give appropriate higher marks in the interview to those of their choice and lesser marks to others so as to manipulate results. The learned Single Judge in the impugned judgment noticed that minutes book were not produced. Interview was conducted on 23.2001. Writ petition was filed only on 210.2002. In view of the long delay, without going into the merits of contentions, the writ petition was dismissed on the ground of latches.
2. When the writ appeal was filed, we have called for the records from the Society as well as from the Registrar of Co-operative Societies. Files show that immediately on conducting enquiry there were many complaints and the matter was pending before the Registrar and there was no delay or latches. The Assistant Registrar, on the basis of the complaint, as early as on 110.2001 conducted an investigation regarding irregularities. It also refers to Inspectors report dated 10.2001. The Assistant Registrar noticed that in view of Section 80B of the Kerala Co-operative Societies Act, no appointment can be made except through Service Co-operative Recruitment Board after 21.2001. Here the test was conducted on 18.3.2001. Interview was conducted on 23.2001. On the same day rank list was published and on the same day appointment order was issued to rank holders 1 and 2 (they joined the society as junior clerks) and later three others were also appointed on 29.2001, even though vacancies notified in the notification was only
.2. Further it is stated in the report that a letter allegedly written by Joint Registrar authorising the test was forged letter and the letter dated 30.1.2001 is not issued by the Joint Registrar as recruitment board has already taken charge on 21.2001. Thereafter written test can be conducted for 60 vacancies. It is also noticed that on 29.2001 another three persons were appointed. Further it was also stated that as per the circular of the Registrar of Co-operative Societies before conducting selection notifications should be published in two newspapers and it can be seen that Society also decided to publish in two newspapers, Mathrubhoomi and Deshabhimani. But notice was published only in one newspaper without following the provisions of the circular. According to the Assistant Registrar, enough publicity was not given to the notification. It was also noticed that there were corrections and over writing in the rank list and interview marks. After getting clarifications from the Society another report was prepared on 12.2001 which reiterates the above irregularities and stated that appointments were bad in view of Section 80B of the Kerala Co-operative Societies Act. It is also stated by the appellant that as per resolution dated 27.3.2001 it was decided to
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