High Court of Kerala
THE HONOURABLE MR. JUSTICE K. SURENDRA MOHAN
Mohanan
Versus
State Of Kerala, Represented By The Secretaty, Co-Operation (c) Department, Government Secretariat & Others
W.P(C) NOS: 37441 of 09, 37748 of 09, 2592 of 10 & 3286 OF 2010
Decided on : 22-07-2010
Kerala Co-operative Societies Rules, 1969 - Rule 182(5) - First respondent is a Class III bank - Petitioner was one of the applicants for selection and appointment to the post of Attender and Salesman - The bank is running at a loss and according to the petitioner - It is contended that the written test and interview are only a farce - Allegation was made that a faction of the committee members were about to appoint three persons of their choice by illegal methods though the society was running at a loss - It is further contended that the procedure for conducting test and interview has been stipulated by the Registrar of Co-Operative Societies by Circular - In violation of the provisions contained in Ext.P3, the selection is conducted by the Bank itself, without entrusting the same to an outside agency - Held, The written test in the present case has not been conducted in a proper manner - All proceedings pursuant thereto including the conduct of the written test are quashed - Writ petitions are allowed.
1. The petitioners in all these writ petitions challenge the selection and appointment to 3 posts namely; one Attender, one Peon and one Salesman that is sought to be made by the Mannady Service Co-op. Bank Ltd.No: 3849, a Society registered under the Kerala Co-operative Societies Act, 1969 (the 'Act' for short) and Rules thereunder. Since all the writ petitions challenge very same selection, these writ petitions are considered and disposed of together.
2. The petitioner in W.P(C) 37748/2009 is a member of the managing committee of the first respondent bank (third respondent in W.P(C) 37441/2009) while the petitioners in W.P(C) Nos: 2592/2010 and W.P(C) 37441/2009 are members of the Society. The petitioner in W.P(C) 3286/2010 was one of the applicants for selection and appointment to the post of Attender and Salesman. For the sake of convenience, the parties are referred to hereafter, in the order in which they appear in W.P(C) 37748/2009. The various exhibits are also referred to in the order in which they are exhibited in the said writ petition.
3. As per Ext.P1 notification, the first respondent invited applications for selection and appointment to one post of Attender, one salesman and one Peon. The first respondent is a Class III bank as classified in Appendix III read with Rule 188 of the Rules. At present, the Bank has five permanent employees and three temporary employees working for the past seven years. The bank is running at a loss and according to the petitioner, the loss at present is Rs.36 lakhs as per the audited balance sheet. According to the petitioner, Ext.P1 notification was published in the Deshabhimani and Deepika dailies, which are not newspapers having wide circulation in the area. Therefore, only 42 candidates applied. A written test and interview were decided to be held on 2/1/2010. The written test was scheduled to be held from 10 a.m to 11.30 a.m and the interview from 1.30 p.m onwards. Ext.P2 is one of the call letters issued for such written test and interview.
4. According to the petitioner the managing committee has already decided to appoint one Smt. Suharma, W/o. Viswambaran, one Pradeep Kumar, Pradeep Bhavan and one Smt. Subha Sajan, W/o. Sajan to the notified posts. Therefore, it is contended that the written test and interview are only a farce. Protesting against the proposed action three members of the Managing Committee, one Abdul Azeez, Sasidharan and Nanu Pillai had sent a fax message to the Joint Registrar on 5/12/2009. However, no action was taken. It is alleged that a faction of the committee members were about to appoint three persons of their choice by illegal methods though the society was running at a loss.
5. It is further contended that the procedure for conducting test and interview has been stipulated by the Registrar of Co-operative Societies by Circular No:18/91 dated 7/6/1991, which is Ext.P3. However, in violation of the provisions contained in Ext.P3, the selection is conducted by the Bank itself, without entrusting the same to an outside agency. The interview is proposed to be conducted by three members of the managing committee and all steps are being taken to complete the appointments in a hasty manner. As per the audited balance sheet of the bank for the year 2007-08 the loss incurred by the bank is Rs.36 lakhs. In view of the losses, the petitioner has also challenged the propriety of even making the appointments itself, which would further increase the financial burden of the bank. It is also pointed out that since the appointing authority is the managing committee, three members cannot conduct the interview excluding the other six members thereof. The procedure is also attacked as illegal and unsustainable. Similar contentions are raised by the petitioners in the other writ petitions also. In W.P(C) 37441/2009 the names of the persons who are allegedly going to be appointed, are different. But the general allegations appears to be that persons who are me
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