KERALA PUBLIC SERVICE COMMISSION Vs. K.N. RADHAMANI

JUDGEMENT

(1.) These five appeals and the connected matters relate to controversy over the qualification criteria for appointment to the posts of clerk/cashier in different cooperative banks in the State of Kerala from in-service category. The dispute is as to whether an applicant from that category for the said posts, which carry starting pay beyond Rs. 250/- per month, was required to have minimum educational qualification of graduation or not. As per Rule 187 of the Kerala Co-operative Societies Rules, 1969 framed by the State Government in exercise of power conferred on it by Section 109 of the Kerala Co-operative Societies Act, 1969 (the 1969 Act) for appointments to apex societies or central societies, 50% of the vacancies are required to be reserved for the employees of the member societies of the respective apex society or central society. The incumbents from such in-service categories, however require minimum regular service of three years in any of the cadre of such society. It is not in dispute that the posts advertised came within the fold of the classes of societies to which the said Rules apply. Rule 186 thereof, however stipulates that for appointment to posts carrying monthly pay of Rs.250/- and above, the applicants are required to be graduates, i.e. have bachelor degree. There are certain other eligibility criteria prescribed, but in these proceedings the lis is on the point as to whether the in-service candidates required graduation or not. Contention of the in-service candidates is that for them, SSLC or equivalent qualification would be sufficientwhich essentially means school clearance certificates. The said 50% reservation rule was applicable to the advertised posts. A Full Bench of the Kerala High Court comprising of three Hon'ble Judges, on reference, inter-alia, held that Rule 186 of the Kerala Co-operative Societies Rules (the said Rules) which prescribe the floor-level pegging of pay to Rs. 250/- in respect of the posts to which recruitment was to be made was not workable as there was no employee with basic pay of Rs. 250/-. The Full Bench referred to another set of notifications and Regulations in holding that such stipulation on graduation for the subject -posts was unsustainable in law. The Kerala Public Service Commission (KPSC), being the recruiting body, is contesting this finding in these proceedings. There are two employment notifications involved inviting applications for the subjectposts, one dated 26th October, 1999 and the other of 25th April, 2006. The aspirants for the said posts, who are the parties to these proceedings were mostly applicants in relation to the 2006 employment notification. The 1999 notification specified the following qualification criteria contained in clause 7 of the employment notification:-

(2.) We are concerned in these proceedings with two provisions of the 1969 Act, both conferring power on the State Government to make rules and these provisions are Section 80 and Section 109 of the said Act. Section 109 (1) and sub-clause (2) (xv) of the Kerala Co-operative Societies Act lays down:-

(3.) Rule 186(1) of the 1969 Rules, inter-alia, specifies:-