SHIBI M V Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner had applied for selection and appointment to the post of clerk/cashier in the District Co-operative Bank, Ernakulam pursuant to Ext.P2 notification issued by the Kerala Public Service Commission. The applications were invited for appointment to the 50% vacancies earmarked for employees of primary co-operative societies affiliated to the Ernakulam District Co-operative Bank. The petitioner's application was received, a written test was conducted and the petitioner's name was included in the list of probable candidates notified for selection. Thereafter, the petitioner was asked to produce her original certificates for verification as per Ext.P3. After verification of her certificates, by Ext.P4 the petitioner's application was rejected for the reason that the Ernakulam Co-operative Agricultural Rural Development Bank of which the petitioner is an employee was not affiliated to the Ernakulam District Co-operative Bank. Thereafter, the Public Service Commission has published Ext.P5 rank list which does not include the name of the petitioner. Aggrieved by the above action, the petitioner has filed this Writ Petition seeking a declaration that she is entitled to get appointment as clerk/cashier in the Ernakulam District Co-operative Bank. The petitioner also challenges the stipulation in Ext.P2 notification to the effect that the employee should be in the service of the society not only on the date of application but also on the date of appointment.

(2.) According to the counsel for the petitioner, the petitioner possesses all the necessary qualifications for being appointed to the post that was notified as per Ext.P2. As on the date of her application, the petitioner was an employee of a society that was duly affiliated to the Ernakulam District Co-operative Bank. The last date for submission of applications as per Ext.P2 was 24.5.2006. At that time, the petitioner was working as an employee of the Nadamel Service Co-operative Society, which is-an affiliated member society of the Ernakulam District Co-operative Bank. She was working in the said society on the date on which the written test was conducted by the P.S.C. also. Thereafter, she left the service of the said bank and joined the Ernakulam Government Servant's Co-operative Society for a brief period. She has later on joined the Ernakulam Co-operative Agricultural Rural Development Bank, Aluva on 21.11.2008. The said bank is not an affiliated member society of the Ernakulam District Co-operative Bank.

(3.) It is the contention of the petitioner that as on the date of submitting her application, the petitioner had completed three years service as an employee of a society that was affiliated to the Ernakulam District Co-operative Bank. Since she satisfied all the requirements stipulated by Ext.P2 notification as on the last date for submission of her application, she cannot be disqualified on the ground that her status has undergone a change on some subsequent date thereafter. According to the petitioner, Rule 187 that prescribes the requirements to be satisfied for appointment under the quota reserved for the employees of the member societies, does not insist that a person should continue to be an employee of the member society even after the date of submission of application. It is pointed out that the stipulation regarding minimum regular service of three years in a member society is to be fulfilled as on the date of submission of the application. It is therefore contended that the PSC had no authority to take into account the subsequent change in circumstances and to disqualify the petitioner. It is the further contention of the petitioner that the PSC had no authority to stipulate additional conditions over and above those prescribed by the relevant rule. Therefore, it is pointed out that the conditions stipulated in Ext.P2 to the effect that the employee should not only be in the service of the society on the date of the application but should continue to be so as on the date of appointment also is liable to be set aside.