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2022 Supreme(Online)(Ker) 80958
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, Shoba Annamma Eapen, JJ
SUMITHA MATHEW – Appellant
Versus
THE KANJIRAPPALLY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD – Respondent
WA NO. 1895 OF 2019 | WP(C) 6166/2018
For the Appellants/Petitioners: D.SREEKUMAR
For the Respondents: SUNIL CYRIAC, SAIGI JACOB PALATTY, SHAJI THOMAS
The court upheld the Registrar's authority to rescind appointments made in violation of selection rules, confirming that such irregularities fall under Rule 176 of the KCS Rules, and not Section 69 of the KCS Act.
Headnote:(A) Kerala Co-operative Societies Act, 1969 - Section 69 - Kerala Co-operative Societies Rules - Rule 176 - Appellants challenged the rescindment of their appointment as Attenders on grounds of irregularities and illegality in selection process. Validity of rank list expired prior to appointment; appointments made against non-sanctioned posts. Ruling confirmed the Registrar's competence under Rule 176 for rescission due to unresolved irregularities. (Paras 19, 20, 21)
(B) Jurisdiction - Court clarified the overlapping jurisdiction between Section 69 and Rule 176, asserting that complaints regarding selection irregularities are not amenable to adjudication under Section 69. (Paras 11, 12, 18)
(C) Summary process - Summary inquiry sufficient where irregularities are discernable from records; detailed inquiry may be warranted where allegations of misconduct arise. (Paras 18, 19)
Facts of the case:
The appellants were appointed as Attenders in a cooperative society against non-sanctioned posts and after the validity of the rank list expired. Rescission was based on Rule 176 for grave irregularities.
Findings of Court:
The Court upheld the decision of the Joint Registrar to rescind the appointments citing lack of valid vacancies and non-sanctioned posts.
Issues: The primary issues included the legality of the appointments post rank list expiration and the authority of the Joint Registrar under Rule 176.
Ratio Decidendi: The court clarified that appointments made outside sanctioned posts post-validity period of the rank list are illegal, maintaining that Rule 176 permits rescission of such irregularities.
Result: Appeal dismissed.
JUDGMENT
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:
“i) to issue a writ of certiorari calling for the records leading to the issuance of Exts-P14 and P15 and quash the same;
ii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 to 3 to permit the petitioners to continue as Attenders in the 1st 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 pe
