BENNY T D Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) Leave granted in all the SLPs.

(2.) These 12 appeals are directed against the judgment dated 9th April, 1997 of the Division Bench of Kerala High Court in Writ Appeal No. 37 of 1997. The appeals titled as Benny, T.D. and Ors. Etc. v. Registrar of Co-operative Societies and State of Kerala v. K. O. Sherly; relate to recruitment to the post of Clerk in Thrissur Bank, Kerala. Appeals titled as, P.J. Jose v. Registrar of Co-operative Societies, and Binu I and Ors. etc. v. Registrar of Co-operative Societies and Ors. etc. relate to recruitment to the post of Clerk in the District Co-operative Bank Kottayam. Apart from these appeals Trichur District Co-operative Bank also had preferred special leave petition against the same judgment of the Kerala High Court but withdrew the same at the time of hearing.

(3.) In case of Thrissur Bank an advertisement was issued on 9-11-1995 indicating the probable vacancies in the grade of Clerk as 85 and inviting applications for filling up of the said posts. The advertisement indicated the qualification for being eligible to apply and also indicated that the 10% of the vacancies is reserved for Scheduled Castes/Scheduled Tribes. Pursuance to the said advertisement 2466 General Category candidates, 432 in-service candidates, who are already serving in different primary societies and 87 Scheduled Castes/Scheduled Tribes candidates applied. The Bank conducted a written test to adjudge the suitability of the applicants for being appointed as Clerks and on the basis of the result in the written test, those of the candidates, who secured the prescribed minimum marks were called for interview. It may be stated that 221 General Category candidates, 75 in-service candidates and 6 Scheduled Castes/Scheduled Tribes candidates were called for the interview. On the basis of their performance in the interview the Bank authorities prepared a panel of 154 candidates and out of the said panel decided to appoint 116 persons by Resolution of the Bank dated 5-2-1995. It is to be noticed that though the probable vacancies as per the advertisement was 85 but before the selection process started the vacancies came to 116 and as such resolution was passed to appoint 116 persons. Out of the said 116 persons 87 persons belong to the General Category, 24 belong to the in-service category, who are the existing employees of different primary societies and 5 belong to the Scheduled Castes/Scheduled Tribes reserved category. Some of the applicants who could not qualify in the test held by the Bank made a grievance before the Registrar Co-operative Societies alleging irregularities in the selection process. In fact, initially, they filed a writ petition before the Kerala High Court but the High Court being of the opinion that a writ will not be maintainable against a Co-operative Society and that statutory remedies are available under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the Act) did not entertain the writ petition. Against the decision of the learned single Judge holding a writ petition to be not maintainable, a writ appeal was preferred and the said writ appeal is still pending in the Kerala High Court. But pursuance to the representations received by the Registrar alleging serious irregularities in the selection process, the Registrar invoked his jurisdiction and enquired into the matter. In course of inquiry by the Registrar the Joint Registrar, Co-operative Societies, had informed that the selection made by the Thrissur District Co-operative Bank has been fairly made and there was no foul play in the selection process as alleged. The Registrar Co-operative Societies, however, came to hold that the action of the Board of Directors of Thrissur District Co-operative Bank in appointing 116 Clerks by Resolution No. 2 dated 5-2-1995 and Resolution No. 10 dated 17-5-1995 is against the provisions of the Kerala Co-operative Societies Act, Rules, Bye-laws and directions and instructions issued by the department and it amounted to disturb the peaceful and orderly working of the Bank and it is contrary to its better interest. On the aforesaid conclusion the Registrar in exercise of his power under Rule 176 of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as the Rules) rescinded the aforesaid two Resolutions of the Thrissur District Co-operative Bank.