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2022 Supreme(Online)(KER) 39551
HIGH COURT OF KERALA
ALEXANDER THOMAS, Shoba Annamma Eapen, JJ
SUMITHA MATHEW – Appellant
Versus
THE KANJIRAPPALLY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD – Respondent
WA/1895/2019
D.SREEKUMAR, SUMESH ANDREWS, SRI. SUNIL CYRIAC, SRI.SHAJI THOMAS, SRI.JEN JAISON, SRI SAIGI JACOB PALATTY-SR. GP
Jurisdiction under Section 69 of the KCS Act does not cover selection irregularities in direct recruitment, allowing intervention under Rule 176 for such violations.
Headnote:
Co-operative Societies - Intra-Court Appeal - Kerala Co-operative Societies Act Section 69, Rule 176 - The court upheld the Joint Registrar's decision to rescind illegal appointments in a Co-operative Society, establishing that Section 69 remedies do not apply to selection irregularities.
Fact of the Case:
The appellants contested the rescission of their appointments as Attenders in a Co-operative Society by the Joint Registrar, who cited illegalities around non-sanctioned positions and expired rank lists as reasons for interference under Rule 176 of the Kerala Co-operative Societies Rules.
Issues: Whether the Joint Registrar had jurisdiction under Rule 176 to rescind the appellants' appointments made outside of sanctioned vacancies and after the expiration of the rank list validity.
Ratio Decidendi: The court determined that the Joint Registrar's decision was valid, as the appointments violated statutory guidelines, and clarified that disputes over selection irregularities cannot be resolved through Section 69 proceedings.
Final Decision: The Writ Appeal was dismissed.
J U D G M E N T
ALEXANDER THOMAS, J.
The subject matter of challenge in this intra-court appeal, instituted under Section 5(i) of the Kerala High Court Act, is the judgment rendered on 08.07.2019 by the learned Single Judge, dismissing the instant Writ Petition Civil, WP(C) No.6166/2018. The appellants herein are the petitioners in the WP(C) and the respondents herein are the respondents in the WP(C).
2. Heard Sri.D.Sreekumar, learned Counsel appearing for the appellants in the WA/petitioners in the WP(C), Sri.Sunil Cyriac, learned Counsel appearing for R1 & R2 (Co-operative Society concerned), Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for official respondents 3 to 5 herein and Sri.Shaji Thomas, learned Advocate appearing for contesting respondent No.6 herein.
3. The prayers in the instant Writ Petition (Civil), WP(C)
No.6166/2018 are as follows:
respondent society.;
iii) to grant such other reliefs as this Hon'ble Court may deem fit in the circumstances of this case.”
4. The proceedings under challenge in the above writ proceedings is Ext.P15 dated 14.02.2018, issued by the 3rd respondent Joint Registrar of Co-operative Societies, whereby the resolutions of the 1st respondent Co-operative Society, selecting and appointing the appellants/petitioners to the post of attender, in the said respondent Co- operative Society, have been rescinded, by invoking the powers under Rule 176 of the Kerala Co-operative Society Rules (KCS Rules), on the ground that the said appointments of the appellants, as per Exts.P3 and P4, have been made as against non-sanctioned posts and also have been made beyond the vacancies notified in Ext.P9 selection notification and also beyond the validity period of the ranked list, stipulated in Ext.P9 selection notification.
5. The learned Single Judge, after hearing both sides, have rendered the impugned judgment in the above WP(C), and held that, after consideration of facts and circumstances of this case, the abovesaid impugned proceedings, as per Ext.P15, is not liable for interference and that the 3rd respondent Joint Registrar has jurisdictional competence to issue proceedings under Rule 176 of the KCS Rules, to rescind resolutions of the Co-operative Society concerned, where the decision of the selection process is vitiated by grave irregularities and illegalities. It is the abovesaid verdict of the learned Single Judge that is under challenge in the instant intra-court appeal. A reference to the facts of this case would be necessary.
6. The 1st respondent Co-operative Society had published Ext.R-3(a) selection notification dated 09.05.2013 in certain newspapers, whereby applications were invited for selection and appointment to certain posts mentioned therein, including to the post of Attender/Record Keeper, in the scale of pay of Rs.7350-19,600/- and it was specifically stipulated that the vacancies in that post, notified to be filled up, as per the said selection notification, is limited to 2 posts. Clause 5 of Ext.R-3(a) selection notification also clearly stipulated that the validity of the rank list, for the abovesaid selection, will be limited to the period of 2 years from the date of its publication. Further, it is seen that, after conduct of selection process, Ext.P1 rank list dated 29.06.2013 was published for the abovesaid post of Attender / Record Keeper, in which the two appellants herein have been included therein, as rank numbers 4 & 6 respectively, out of the 6 candidates included in the said rank list. Further, it appears that candidates having Rank nos.1 & 2, at Ext.P1 ranklist, were selected and appointed as per resolution dated 29.06.2013, issued with effect from 01.07.2013, as
