In the absence of specific rules enabling the preparation of a rank list and appointment to vacancies arising during the currency of the rank list, no appointments can be made to vacancies in excess of the notified vacancies.

S. Siri Jagan, J.

The appellant in this writ appeal is challenging the judgment of a learned Single Judge of this Court in WP(C) No. 6384/10. She was not a party to the writ petition. But it so happened that the order of the Joint Registrar of Co-operative Societies, which was under challenge in that writ petition, was passed at the instance of the appellant on a complaint made by her. But the writ petition was filed without impleading her as a party to the writ petition which was allowed and the order passed in favour of the appellant was set aside by the learned Single Judge. Therefore the appellant filed IA No. 388/10 seeking leave to file writ appeal against the judgment of the learned Single Judge which was allowed and leave was granted. Consequently the writ appeal has been numbered, which has later been admitted. The bone of contention between the parties relate to appointment to a post of peon in the 1st respondent Co-operative Bank. The bank issued a notification inviting applications for 3 posts of Peon in the bank by Ext. P1 notification. As per that notification the last date for submitting applications was on 05/05/2009. At the instance of a member of the Society the very act of the bank in making appointments to the post was under challenge in WP(C) No. 13901/09. That writ petition was allowed, against which WA No. 2066/09 was pending. After issuing Ext. P1 notification one more vacancy of peon arose in the bank on 31/08/2009, on account of one incumbent availing of voluntary retirement from service. Subsequently the bank completed the selection process and published Ext. P4 rank list of 10 persons. From the said rank list 4 persons were appointed to 4 vacancies including the one which arose on 31/08/2009 subsequent to the last date fixed in Ext. P1 notification for submitting applications for selection to the 3 notified vacancies. The appellant filed a complaint against the appointment to the 4th post before the Registrar of Co-op. Societies on the ground that only the notified vacancies could have been filled up pursuant to the selection. By Ext. P10 order the Joint Registrar held that no appointments could have been made to vacancies other than the notified vacancies and therefore appointment to the 4th vacancy from the rank list was illegal. The 1st respondent bank filed the writ petition challenging Ext. P10 order of the Joint Registrar of Co-op. Societies. While that writ petition was being argued it was pointed out that a final decision in the WA No. 2066/2009 would materially affect the decision in the writ petition. Relying on the decision of the Division Bench in Kodakara Farmers Service Co-op. Bank Ltd. Vs. Neena, the learned Single Judge allowed the writ petition setting aside Ext. P10 order, but making it clear that the appointment made by the bank to 4 posts of Peon pursuant to Ext. P3 judgment shall be subject to the final order in WA No. 2066/09. The appellant is challenging that judgment. The contention of the appellant is that it is settled law that no appointment can be made to vacancies other than the notified vacancies, unless there is a specific rule for preparation of a rank list, keeping the same alive for a specified period for appointment from the rank list to vacancies arising during the period of currency of the rank list. It is submitted that in the case of appointment to sub staff in Co-operative Societies, there is no provision of law which enables Co-operative Societies to prepare a rank list of selected persons to the post of sub staff and to make appointments from the list to vacancies which arose during the period of currency of the rank list. It is submitted that reliance by the learned Single Judge on the decision of the Division Bench in Kodakara Farmers Service Co-op. Bank Ltd. Vs. Neena, is inapposite because the decision applies to appointments in accordance with Rule 182(4) of the Co-operative Societies Rules, which in turn is the procedure prescribed for appoint