JUDGMENT :

1. When the statutory prescription under Rule 185(1) of the Kerala Co-operative Societies Rules (for brevity 'the Rules") for filling up a particular post in a society registered under the Kerala Co-operative Societies Act (for brevity 'the Act") is by promotion whether dehoring the statutory mandate it can be filled by direct recruitment? This and allied questions crop up for consideration in these intra-court appeals arising from the judgment in WP(C)No.2274/2009 dated 04.04.2019. The parties are reffered hereafter in this judgment in accordance with their rank and status in the said writ petition unless otherwise specifically mentioned. The learned single Judge considered the said main question and answered it in the negative and interfered with Ext.P2 notification issued by the Co-operative Service Examination Board to the extent it relates to the 2nd respondent-Bank.

2. The facts from which the said question germanes are as follows:-

The 3rd respondent-Co-operative Service Examination Board issued Ext.P2 notification for appointment to the posts of Secretary, Chief Accountant and Branch Manager in Kizhuvilam Service Co-operative Bank Ltd, the second respondent. In fact