Eligibility for public service posts is strictly determined by compliance with specific qualifications outlined in governing rules and amendments.

JUDGMENT

Dated this the 31st day of March 2021 Petitioners through the instant writ petition, has sought the following reliefs:

“i)to issue a writ of certiorari calling for the records leading to the issuance of Exhibit-P1 and quash the same to the extend it omitted to include B.Com with Co-operation as special subject as a qualification for appointment to the post to be filled up by direct recruitment;

ii) to issue a writ of certiorari calling for the records leading to the issuance of Exhibit-P2 Notification and quash the same and consequently declare as illegal the amendment brought about to Rule 186(1)(1A)(i) to the extend it omitted to include B.Com with Co- operation as special subject as a qualification for appointment to the post to be filled up by direct recruitment;

iii) to issue a writ of mandamus or any other writ, order or direction, directing the 4th respondent to include the petitioners name in the select list of candidates for appointment to the post of Branch Manager in the first respondent District Co-operative Bank based on their performance in the written test;

iv) to declare that petitioners, being B.Com degree holders with Co-operation as special subject, are having the requisite qualification for being appointed to the post of Branch Manager in the first respondent District Co-operative Bank”

2. In support of the reliefs, it was submitted that all are B.Com graduates and have obtained Degree in Commerce with Co-operation as special subject. The 4th respondent – The Kerala Public Service Commission – vide notification dated 14.12.2009, invited applications from qualified persons for filling of the post of Branch Manager in the Fourteen (14) District Co-operative Banks. As per notification six (6) vacancies of Branch Manager in the 1st respondent Bank was sought to be filled up by way of direct recruitment.

3. Method of appointment to the post of Branch Manager and equivalent posts in the District Co-operative Banks is prescribed under Rule 185(2)(ii) of the Kerala Co- operative Socialites Rules ((hereinafter referred to as 'KCS Rules' for short), envisaging that the substantive posts have to be filled up by promotion and direct recruitment in the ratio of 3:1. The aforementioned Rule was amended by Government Order dated 19.05.2005 substituting the qualification prescribed under Rule 186(1A)(i) by prescribing “Graduation” from the recognized University with not less than 50% of marks in the aggregate; and Higher Diploma in Co-operation (HDC or HDC & BM of the State Co-operative Union of Kerala or HDC and HDCM of National Council for Co-operative Training or successful completion of the subordinate (Junior) personal Co- operative Training Course (Junior Diploma in Co- operation) vide Ext.P2. 4th respondent issued Exts.P3, P4, P5 & P6 memos to the petitioners informing them that their applications were rejected for the reason that they do not possess the HDC/JDC qualification prescribed under Ext.P1 notification. It is in that aspect notification Ext.P2 has been challenged.

4. 4th respondent opposed the writ petition on the premise that notification was based upon the relevant rules in Kerala Co-operative Societies and Government Order. There is no ambiguity or illegality in the Government Order dated 19.05.2005, Ext.P2. Petitioners were candidates for the posts, appeared for the OMR test held on 29.09.2012 and directed to produce self attested copies of their educational qualifications. On scrutinization it was found that they did not possess HDC or JDC, the basic qualification for the post of Branch Manager in District Co-operative Banks, as per the explanatory note to notification dated 19.05.2005 as they possess the qualification B.Com. with Co-operation. Commission acted in accordance with the KCS Rules which were prelevant at the time of preparation of the notification inviting applications. The amendment came into effect only after the date of Gazette Notification and the petitioners in 2013 cannot challe