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2009 Supreme(Ker) 441

K.BALAKRISHNAN NAIR, C.T.RAVIKUMAR
The Joint Registrar Of Co-Operative – Appellant
Versus
Thiruvalla East Co-Operative Bank – Respondent


Advocates Appeared:For the Petitioner:Government Pleader. For the Respondents: P.U. Shailajan, SC, Co-Op. Service Exam.

Judgment :-

Balakrishnan Nair, J.

W.A. Nos.2160 OF 2008 & 184 OF 2009

The point that arises for decision in these appeals is whether the provisions of Rule 182 (4)(v) of the Kerala Co-operative Societies Rules (hereinafter referred to as 'the Rule') are mandatory or directory. W.A.No.2160/2008 is filed, by the Joint Registrar of Cooperative Societies, Pathanamthitta, against the judgment in W.P.(C) No.3170/2008 filed by the Thiruvalla East Co-operative Bank Ltd. No.3260 (hereinafter referred to as 'the Bank'). W.A.No.184/2009 is filed, by the Registrar of the Co- operative Societies, Trivandrum, against the judgment in W.P.(C) No.20128/2008 filed by a candidate, who applied for appointment to the post of Junior Clerk in Thiruvalla East Co-operative Bank Ltd.

2. W.A.No.2160/2008 is treated as the main case for the purpose of referring to exhibits. The brief facts of the case are the following:

The Thiruvalla East Co-operative Bank Ltd. reported 15 vacancies of Junior Clerks to the Co-operative Service Examination Board (hereinafter referred to as the Board). Pursuant to the said intimation, the Board invited applications for appointment to the post of Junior Clerk in the Bank and als






























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