The power of relaxation of educational qualifications under Rule 185(8) of the Kerala Cooperative Societies Rules, 1969 must be exercised only in exceptional cases, with utmost care, circumspection, and caution, and the paramount concern must be the welfare of the Society.

BASHEER, J.

Since a common issue arises for consideration in these two writ petitions, they are being disposed of by this common judgment. In fact, these two petitions have been referred to the Division Bench by a learned single Judge by order dated April 5, 2010 since the learned Judge was of the view that it would be appropriate if a Division Bench considered the issue.

2. The issue relates to the sweep and amplitude of the power that can be exercised by a Co-operative Society and the Registrar of Societies under Rule 185(8) of the Kerala Cooperative Societies Rules, 1969 (for short, the Rules) to relax the educational qualification of an employee for the purpose of promotion to a higher post.

3. Petitioners are working as Senior Accountants in different branches of the Trivandrum District Co-operative Bank. They are graduates and diploma holders in cooperation and according to them, they are eligible to be promoted to the post of Branch Manager. But their employer viz., the Trivandrum District Co-operative Bank took a decision to promote three of their seniors (respondents 3 and 4 in WP.No.31813/2009 and respondent No.4 in WP.No.31497/2008) to the post of Branch Manager even though they did not possess the basic qualification of a degree from a recognised University as stipulated in Rule 186 of the Rules. The Managing Committee of the Bank passed the necessary resolutions requesting for approval of the Registrar for relaxation of the qualification of these respondents for the purpose of promotion, who in turn obliged the Managing Committee in a mechanical manner and without any application of mind. Petitioners allege that the whole exercise of making request for relaxation and grant of approval is in flagrant violation of the letter and spirit of Rule 185(8) of the Rules.

4. The common prayer in these two petitions is to issue a writ in the nature of certiorari to quash the orders passed by the Registrar acceding to the request made by the Bank to grant relaxation/exemption. They further pray for a declaration that the Bank is not "entitled to seek exemption for unqualified hands in a routine manner without there being any special reason justifying such exemption".

5. It may at once be noticed that the beneficiaries of the decision taken by the employer-Bank are admittedly non graduates, whereas the petitioners are graduates. All of them are working in the cadre of Senior Accountant. It is beyond controversy that the beneficiaries are seniors to the petitioners. In fact all of them are placed very high in the seniority list as compared to the petitioners.

6. Rule 186 of the Rules which deals with qualifications of the candidates seeking appointment to various posts in a Co-operative Society postulates that no person shall be eligible for appointment in any post , unless he possesses the qualifications prescribed for the post as stipulated in the said rules. The relevant entries or clauses which are necessary for our purpose are extracted hereunder

"(1) All posts other than those requiring technical qualifications, the starting pay of which is Rs.250 and above.

[A. A degree in Commerce or Masters degree in Arts of a recognised University, with Co-operation as special subject.] OR

B(i) B.A., B.Sc., or B.Com. degree of recognised University and (ii) Higher Diploma in Co-operation [or higher diploma in Co-operation and business Management]

(H.D.C. [or H.D.C. & B.M.] of State Co-operative Union of Kerala or H.D.C. and

H.D.C.M. of the National Council for Co-operative Training or successful completion of the Subordinate (Junior) Personnel Co-operative Training Course (Junior Diploma in Co- operation) OR

C. Diploma in Rural Services with Co-operation as optional subject. OR

D. B.Sc. (Co-operation & Banking) Degree of the Kerala Agricultural University

7. It is contended by the petitioners that ineligible and unqualified persons are being given promotion to higher managerial posts ignoring the statutory mandate of m