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2018 Supreme(Ker) 381

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.CHITAMBARESH, SATHISH NINAN, JJ.
MAYADEVI T.R. – Appellant
Vs.
THRISSUR DISTRICT CO-OPERATIVE BANK LTD. – Respondent
W.A.Nos.2258 & 2284 of 2017
Decided on : 10-07-2018

Advocates:
Advocate Appeared:
For the Appellant : SRI.P.N.MOHANAN, Adv.
For the Respondent SRI.P.C.SASIDHARAN, SRI.M.SASINDRAN, SRI. K.S.MOHAMAD HASHIM, Adv.

Headnote:Constitution of India, Art. 14, Kerala Co-operative Societies Act 1969, S. 80 -If at the time of the implementation the two interpretations impracticable or vulnerable in the notice that is vague and having the character of arbitrary it is held violative under article 14 if the Indian constitution.

JUDGMENT :

Chitambaresh, J.

These writ appeals arise out of the judgment in the case titled Omana K.S. and another v. Thrissur District Co-operative Bank Ltd. and another [2015 LAB.I.C. 4268].

2. The Co-operative Bank invited applications from eligible candidates for appointment to the category of part time sweeper in the existing and future vacancies by notification dated 21.05.2015. The English translation of the notification published in the Mathrubhumi Daily dated 21.05.2015 as produced in the writ petition is extracted below for the sake of appreciating the contentions better:

“TDCB

Thrissur District Co-operative Bank,

Head Office, Co-operative Centenary Building,

Kovilakathumpadam, Thrissur - 680 022, Ph:2325700

Dated 21.05.2015

PART TIME SWEEPERS REQUIRED

Applications are invited from the eligible candidate who satisfies the age requirement and qualifications as per Section 80 of the Kerala Cooperative Societies Act, 1969 and the Rules, for appointment to the category of part time sweeper in the existing vacancies and the future vacancies.

Number of vacancies

9 (existing)

Pay scale

5,790-13,330

Age

Should complete 18 years and shall not exceed 40 years as on 1.1.2015. (SC/ST-45 years, OBC/Ex- serviceman-43 years)

Qualification

Should have physical witness for sweeping work, shall not pass SSLC for equivalent examination

Those who intent to apply, shall prepare the application in the white paper and affix a new passport size photo and shall write on the envelope “application for the post of part time sweeper” and submitting the below mentioned address. Address, age, caste and educational qualification shall be submitted. Reservation shall be followed as per the Kerala Co-operative Societies Act and Rules. The list that may be published after the interview, for appointment will be valid for a period of two years from the date of publication.

General Manager, Thrissur District Co-operative Bank,

Head Office, Co-operative Centenary Building,

Kovilakathumpadam, P.O.Thiruvambadi, Thrissur - 680 022.

Sd/-

General Manager”

3. The Kerala Co-operative Societies Act, 1969 and the Rules have been mentioned twice in the notification -firstly, as regards the age requirement and qualifications and secondly, as regards the reservation to be followed. Other prescriptions are also stipulated such as the age bracket and also the qualification (which is physical fitness for sweeping work and not having passed SSLC or equivalent examination). The prohibition as regards higher qualification for the post of part time sweeper has since been omitted by amendment to the Rules with effect from 30.12.2017. The learned single Judge has quashed the notification as suffering from the vice of vagueness and hence arbitrary and the relevant part of the impugned judgment is extracted below:

“34. As to vagueness, in my considered view, no person of ordinary prudence would ever construe Ext.P2 notification as revealingly informing the discerning reader that the notification, in fact, invites applications from the eligible in-service candidates as well. Thus suffers Ext.P2 from the vice of vagueness. --------”

The candidates who were appointed pursuant to the notification have filed these writ appeals after obtaining leave as third parties on the ground that their services have been terminated pursuant to the judgment impugned.

4. A notification can be said to be vague or arbitrary in the context of Article 14 of the Constitution of India only if the same is unworkable or susceptible to two interpretations at the time of its enforcement. The notification in the instant case prescribes the age requirement and qualifications as per Section 80 of the Kerala Co-operative Societies Act, 1969 which cannot be said to be unclear. Similarly the notification stipulates that the reservation shall be followed as per the Kerala Co-operative S






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