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2011 Supreme(Online)(KER) 11074

HIGH COURT OF KERALA
ANTONY DOMINIC, J
SECRETARY, THIRUNELLY SER.CO.OP.BANK LTD – Appellant
Versus
BPC.LTD – Respondent


Advocates:
SRI.P.K.RAMKUMAR

J U D G M E N T

Petitioner is a Co-operative society incorporated under the Kerala Co-operative Societies Act . 1st respondent had invited applications for appointment of a retail outlet dealer at Kattikullam in Wayanad District. Interview was conducted and from the counter affidavit it appears that, none had qualified. Again interview was held and petitioner and 3rd and 4th respondents appeared for the interview. In the interview, the 3rd respondent was appointed as the retail outlet dealer. It is challenging t selection and appointment, the writ petition is filed.

2. The main contention raised by the learned counsel for the petitioner is that the marks in the interview should have been awarded in terms of the guidelines, a copy of which is Ext.P6. It is stated that if marks were so awarded, the petitioner would have been rank No.1 as against rank No.2 as shown in Ext.P5.

3. However, from the counter affidavit, what is seen is that applications were invited under the fleet category with walk in interview as per the guidelines. It is stated that accordingly WPC No. 31193/05 :2 :

interviews were held on 18.2.2005 and 3.8.2005 and marks were awarded in terms of the guidelines framed by

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