IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &

THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

TH MONDAY, THE 27 DAY OF JANUARY 2025 / 7TH MAGHA, 1946 W.A.No.2132 OF 2024 AGAINST THE JUDGMENT DATED 13.12.2024 IN WP(C) NO.44566 OF 2024 OF THE HIGH COURT OF KERALA APPELLANT/PETITIONER:

SINDHU S AGED 47 YEARS W/O SAJI P. VAYALUVEETTIL HOUSE, KALLELIBHAGOM P.O., KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690519 BY ADVS.

KAVERY S THAMPI SARANGADHARAN P.

RESPONDENTS/RESPONDENTS:

1 THE THEKKUMBHAGOM SERVICE CO-OPERATIVE BANK LIMITED NO.1731 CHAVARA SOUTH P.O., KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 691584

2 THE MANAGING COMMITTEE THEKKUMBHAGOM SERVICE CO-OPERATIVE BANK LIMITED NO.1731, CHAVARA SOUTH P.O., KOLLAM DISTRICT, REPRESENTED BY ITS PRESIDENT, PIN - 691584

3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL], OFFICE OF THE ASSISTANT REGISTRAR OF CO-

OPERATIVE SOCIETIES [GENERAL], KARUNAGAPALLY P.O., KOLLAM, PIN - 690518 BY ADVS.

T.R.HARIKUMAR ARJUN RAGHAVAN(K/1277/2012)

OTHER PRESENT:

SRI. IMAM GRIGORIUS KARAT, GP.

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

This appeal arises out of the judgment of the learned Single Judge dated 13.12.2024 in W.P.(C)No.44566 of 2024. The appellant-petitioner was initially engaged as Junior Clerk in the 1^st respondent Thekkumbhagam Service Co-operative Bank, which is a society registered under the Kerala Co-operative Societies Act, 1969, through employment exchange for 177 days, from 11.12.2017 to 08.06.2018. Going by the averments in the writ petition, she continued as Junior Clerk in the 1^st respondent Society till 26.11.2024. She filed W.P.(C)No.44566 of 2024, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to allow her to continue to work in the post of Junior Clerk in the 1^st respondent Society till that post subsists or till regular selection is made to that post. She has also sought for a writ of mandamus commanding respondents 1 and 2 to regularise her service in the post of Junior Clerk in the 1^st respondent Society, taking into account her service without any break from 2018; and a declaration that the action of respondents 1 and 2 in not allowing her to work as Junior Clerk by a verbal order is totally illegal and against law and facts, which is not in consonance with Articles 14 and 16 of the Constitution of India.

2. By the impugned judgment dated 13.12.2024, the learned Single Judge dismissed the writ petition on the ground that a writ petition against a Co-operative Society is not maintainable. The dismissal of the writ petition is after leaving open the right of the petitioner to seek any alternative remedy, as may be available to her.

3. Heard the learned counsel for the appellant-petitioner, the learned counsel for respondents 1 and 2 and the learned Senior Government Pleader for the 3^rd respondent Assistant Registrar of Co-operative Societies.

4. Section 80B of the Kerala Co-operative Societies Act, 1969 deals with constitution of Co-operative Service Examination Board. As per sub-section (1) of Section 80B, notwithstanding anything contained in the said Act or the Rules made thereunder or in the bye-laws of any society relating to the recruitment of the officers and servants thereof, but subject to Section 80BB, the Government shall, by notification in the gazette, constitute a Co-operative Examination Board for the conduct of written examination for all direct recruitment to the posts of and above the category of Junior Clerks in all Co-operative Societies, Boards and other institutions under the control of the Registrar.

5. Rule 182 of the Kerala Co-operative Societies Rules, 1969 deals with classification of the societies in the State, as shown in Appendix III, for the purpose of sub-section (1) of Section 80 of the