Candidates do not have an absolute vested right to the completion of a recruitment process under repealed rules when substantive policy changes occur. Courts will not adjudicate factual disputes regarding examination conduct under writ jurisdiction, nor can they mandate a re-test absent demonstrable illegality or perversity.

JUDGMENT :

T.R. Ravi, J.

The petitioners had applied for selection and appointment to the post of Clerk Gr.I in the 4^th respondent Bank pursuant to Ext.P1 notification dated 15.11.2019 issued by the 5^th respondent. During the pendency of the selection process initiated as per Ext.P1 notification dated 15.11.2019, the Kerala Co-operative Bank Recruitment Rules 2021 were notified on 04.08.2021. A true copy of the relevant pages of the above notification has been produced as Ext.P4 in the writ petition. The Rules are prospective. Category 11 in Ext.P4 is Clerk/Cashier. Under Ext.P4, there is no post of Clerk Gr.I. The 5^th respondent thereafter issued Ext.P5 notification on 15.06.2022, whereby it was notified that the selection process pursuant to the notification dated 15.11.2019 stands cancelled, since under the new Recruitment Rules to the Kerala State Co-operative Bank Ltd. dated 02.08.2021, the post of Clerk Gr.I stand re-designated as Clerk/Cashier, and the qualifications for the post have been changed. The petitioners contend that Ext.P5 is illegal, arbitrary and unjust. It is submitted that the selection process initiated as per Ext.P1 notification in 2019 should be completed to fill vacancies up to 02.08.2021, as per the then-existing rules.

2. Petitioners 1 and 11 approached the 5^th respondent seeking relaxation regarding the upper age limit under Ext.P4 rules. The 5^th respondent sent Ext.P7 reply stating that the amended Special Rules have not yet been received. The Kerala State Co-operative Bank Recruitment Rules, 2023 were issued thereafter on 24.03.2023, and it was published in the Extraordinary Gazette dated 27.03.2023. A true copy of the Rules has been produced as Ext.P8. Ext.P8 came into force with effect from 02.08.2021. As per Ext.P8, no person shall be eligible for appointment by direct recruitment to any of the categories in force, if she/he has not completed 18 years of age and if she/he has completed 40 years of age, as on 1^st January of the year in which the applications for the appointment are invited. All the petitioners are overaged as per Ext.P8. They cannot apply pursuant to any notification that is issued based on Ext.P8 Rules. Their grievance is that if the selection process had been completed and a ranked list issued pursuant to Ext.P1, they could have been appointed to the vacancies in the post of Clerk/Cashier. In the alternative, the petitioners seek age relaxation and pray that they should be permitted to apply for the next selection process. The petitioners further contend that Ext.P9 series notifications issued after the coming into force of the new rules, for filling up NCA vacancies as per the earlier rules, would support their contention that the vacancies up to 02.08.2021 are to be filled up following the earlier rules, and Ext.P5 seeking to cancel the entire selection process was uncalled for. Reliance is placed on Ext.P10 proceedings dated 08.06.2023, which was issued pursuant to various judgments of this Court, to submit that the vacancies which existed before the amalgamation of District Banks to the KSCB were to be filled up as per the existing Recruitment Rules. Pending this writ petition, several interim orders have been issued. On 22.03.2024, this Court, after noticing that the 5^th respondent had not issued any notification to the post of Clerk/Cashier in the 4^th respondent bank and the matter regarding age relaxation is to be considered by the Government, directed the 2^nd respondent to take up the issue regarding age relaxation of persons who had applied under Ext.P1 notification within two months. While so, Ext.P17 notification was issued