P.N.Ravindran, J.

The appellant is the second respondent in W.P.(C) No.19353 of 2015, a writ petition filed by the first respondent herein under Article 226 of the Constitution of India, praying for a writ in the nature of mandamus commanding the appellant bank to appoint her as Junior Clerk based on her rank in Ext.P2 rank list. By judgment delivered on 15.09.2015, the learned single judge allowed the writ petition. The appellant has, aggrieved thereby, filed this writ appeal. The brief facts of the case as follows:

2. By a notification dated 21.11.2011, the appellant bank invited applications from eligible persons for appointment by direct recruitment to the post of Junior Clerk. The number of vacancies notified was 01. In terms of the stipulations contained in Section 80(B) of the Kerala Co-operative Societies Act, 1969, the Kerala Co-operative Service Examination Board, joined as the third respondent in the writ petition and in the writ appeal, conducted a written test on 16.06.2012 and forwarded a list of eligible candidates to the appellant bank for the purpose of conducting the interview. The appellant bank thereafter conducted an interview and published Ext.P2 rank list on 02.07.2013. The writ petitioner secured the second rank in the selection. From Ext.P2 rank list, Raji. S, the first rank holder was appointed as Junior Clerk by order passed on 05.08.2013 and she joined duty.

3. Shortly after Ext.P2 rank list came into force, yet another vacancy of Junior Clerk arose in the appellant bank on 18.02.2014. The managing committee of the appellant bank that met on 29.07.2014 resolved to notify that vacancy and fill it up by appointing persons with disability. A notification inviting applications was also issued. On coming to know of the fact that a vacancy of Junior Clerk has arisen on 18.02.2014, the writ petitioner submitted Ext.P4 representation dated 13.05.2015 to the Joint Registrar of Cooperative Societies (General), Pathanamthitta (the first respondent in the writ petition), wherein, relying on the decision of the Division Bench of this court in Kodakara Farmers Service Co-operative Bank Limited v. Neena (2010(1) KLT 541), she contended that she is entitled to be appointed as Junior Clerk in the vacancy that arose on 18.02.2014. She also contended that the decision taken by the Managing Committee on 29.07.2014 to fill up the vacancy by appointing persons with disability, after conducting a written test and interview is illegal. She thereafter submitted Ext.P5 representation dated 26.02.2015 to the Secretary and President of the appellant bank, wherein, relying on the decision of the Division Bench of this court in Kodakara Farmers Service Co-operative Bank Limited v. Neena (supra) she requested that she may be appointed as Junior Clerk. She thereafter filed W.P.(C)No.19353 2015 in this court, seeking the following reliefs:

i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to forthwith appoint the petitioner as junior clerk under the 2nd respondent in the light of her qualification and rank in the ranked list.

ii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to issue an order under Section 66A of the Co-operative Societies Act, 1969 (Kerala) appointing the petitioner as junior clerk under the 2nd respondent bank in the light of availability of the vacancy that has arisen during the validity of the ranked list.

4. She contended that as a vacancy of Junior Clerk has come into existence on 18.02.2014, during the currency of the rank list, she is entitled to be appointed as Junior Clerk. The appellant bank resisted the writ petition by filing a counter affidavit dated 15.07.2015. Though the appellant bank admitted the fact that a vacancy of Junior Clerk has come into existence, it contended that it has taken a decision to fill up that vacancy by appointing persons with disability and has also taken steps