Point of Law : Ordinarily, no one can compel the appointment authority to make direct recruitment to a post at a given point of time.

JUDGMENT :

Alexander Thomas, J.

The judgment under challenge in the instant intra court appeal filed under Section 5(i) of the Kerala High Court Act, is the one rendered by the learned Single Judge of this Court dated 28.02.2022, dismissing the instant W.P.(C) No.9418/2021. The appellant in the writ appeal is the sole petitioner in the W.P.(C). The respondents in the writ appeal are the respondents in the W.P.(C).

2. Heard Sri. P.N. Mohanan, learned Advocate instructed by Smt. Amrutha Suresh, learned counsel appearing for the appellant in the WA/petitioner in the W.P.(C), Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents in the WA/respondents in the W.P.(C)., Smt. S.L. Shylaja, learned Standing Counsel appearing for the 2nd respondent Kerala State Co-operative Service Examination Board and Sri. K.S. Arundas, learned counsel appearing for the 3rd respondent Makkaraparamba Service Co-operative Bank Ltd.

3. The prayers in the instant W.P.(C) are as follows :

“(i) Call for the records leading to issue Ext.P5 and P10 and quash the same by issuing a writ of certiorari or any other appropriate writ order or direction.

(ii) Issue a declaration as the vacancy of the System Administrator in the third respondent bank arose on 19.01.2018 the notification to the said vacancies should be on the basis of Ext.P4 Government Order without insisting first class in B.Tech.

(iii) issue a writ of mandamus directing the second and third respondents to consider the petitioner for the post of System Administrator in the light of Ext.P4 Government Order.

(iv) issue a direction directing the second respondent to permit the petitioner to write the written examination scheduled to be held on 17.04.2021 for the post of system administrator of the third respondent bank at Government College, Meen Chanda Kozhikode

(v) Grant such other relief as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

4. Learned Single Judge has now rendered the impugned judgment on 28.02.2022, dismissing the above writ petition on the ground that, even inspite of the relaxed approach on the basis of the interim order passed in the writ petition, directing the grant of provisional permission to the petitioner/appellant to participate in the written examination for the above selection, it is found that he has failed to secure reasonable score to show his competency, going by the factual details given by the 2nd respondent Kerala State Co-operative Service Examination Board, and accordingly the writ petition has been dismissed.

5. According to the appellant/petitioner, he is working as System Administrator in the 3rd respondent Makkaraparamba Service Co-operative Bank, Malappuram, on temporary basis since 18.04.2018. Earlier, the qualification for the post was not prescribed in terms of Rules as conceived in Rule 186 of the Kerala Co-operative Society Rules framed under the Kerala Co-operative Societies Act, 1969. Later, Ext.P3 G.O(Rt) No.517/2013/Co-op dated 03.08.2013, was issued by the competent authority of the State Government in the Co-operation Department, wherein it has been inter-alia stipulated that minimum qualification for holding the post of System Administrator in Co-operative Societies would be M.C.A/B.Tech in Computer Science/B.Tech in Electronics & Communication/B.Tech Information Technology. Further that, Government has issued Ext.P4 G.O.(Rt) No.642/2017/Co-op dated 27.11.2017, wherein, it has been stipulated that for the post of System Administrator in Co-operative Societies, the minimum qualification shall be B.Tech in Information Technology/Computer Science/M.C.A and two years experience as System Administrator in a reputed organization handling financial transactions. Both in Exts.P3 and P4 government orders, no stipulation has been made that the requisite degree in B.Tech in Computer Science/B.Tech in Information Technology/M.C.A shall be in first class. Later, the Government issued orders creating the pos