Ashok Bhushan, J.

This writ appeal has been filed against judgment dated 26th October 2015 in WP(C) No.26684/2013, by which judgment the writ petition filed by the 1st respondent to this appeal has been allowed. The appellants, who were respondents 1 and 2 in the writ petition, have come up in the writ appeal challenging the said judgment. Parties shall be referred to as described in the writ petition.

2. The brief facts of the case are as follows:

The writ petitioner was a member of the Mattancherry Mahajanik Co-operative Urban Bank Limited, a Co-operative Society registered under the Kerala Co-operative Societies Act. The Committee of the Society took a decision to fill up the post of General Manager by direct recruitment and Ext.P1 notification was published in Mathrubhumi Daily on 30/9/2012. Petitioner's case in the writ petition is that as per Rule 185 of the Kerala Co-operative Societies Rules, the posts in societies have to be filled up by promotion from the feeder categories on the basis of seniority. It was further stated that society is not in good financial condition. It was further stated that Feeder Category Rules, Ext.P2 (a), is also not in accordance with the statutory prescription. Petitioner in the writ petition has prayed for the following reliefs:

"i. issue a writ of certiorari or any other writ order or direction calling for the records leading to the issue of Ext.P1 and quash the same.

ii. Declare that appointment to the post of General Manager/Secretary in the Urban Co-operative Bank shall be made only by promotion from the suitable employees on the basis of seniority and eligibility from the Feeder Category Rules or Regulations made for the purpose of promotion and the said post cannot be filled up by resorting the method of direct recruitment as per Rule 185 of the Rules.

iii. Declare that Ext.P1 notification vide Serial No.3 and consequent selection process adopted by the respondents 1 to 3 to fill up the post of General Manager in the first respondent is contrary to Rule 185 of the Rules and liable to be declared as illegal.

iv. Call for the files relating to Ext.P2(a) amended Feeder Category Rule and quash the same to the extent it provide direct recruitment to fill up the post of General Manager of the first respondent.

v. Issue a writ of mandamus or other writ or order directing the respondents 1 & 2 to fill up the post of General Manager by promotion based on the seniority/eligibility in the Feeder Category Rules framed for promotion and appointment."

3. Counter affidavit was filed by the society where locus of the petitioner was questioned referring to Rule 185 where it was mentioned that feeder categories for the purposes have been specified by the Society by framing suitable regulations with the approval of the Registrar. It is stated that Ext.P2(a) has been issued with the approval of the Joint Registrar of Co-operative Societies and in view of the above, the post of General Manager of the Bank can either be filled up through direct recruitment or by promotion from among the Deputy General Managers. It was contended that Bank is entitled to fill up the post either by direct recruitment or by promotion and no error was committed in inviting application for filling up the post by direct recruitment.

4. Learned Single Judge after hearing the parties took the view that Feeder Category Rule cannot be in violation of the statutory provisions. On the question of locus of the petitioner to file the writ petition, learned Single Judge answered in favour of the petitioner. Answering the third issue framed by the learned Single Judge, it was held that Ext.P2(a) is unsustainable. Writ petition was accordingly allowed.

5. Sri. George Poonthottam, learned counsel appearing for the appellants challenging the judgment of the learned Single Judge contends that as per Rule 185, filling up the post by promo