SIVA KUMAR K S Vs. P SREEKUMAR

JUDGEMENT

(1.) All the four Appeals are directed against the judgment of the learned single Judge in O.P. No. 3125/97 dated 19.2.1997. Therefore, they are being disposed of by a common judgment. The point that is to be decided in these cases is whether the Government can reopen a statutory appellate order on the basis of a representation filed by a person who claims himself aggrieved by it. The brief facts necessary for the disposal of the Appeals are the following:

(2.) The Kerala State Cooperative Agricultural and Rural Development Bank, the third respondent in the Original Petition (hereinafter referred to as the Bank) invited applications for appointment to the post of Assistants by Notification dated 22.10.1993. After written test and interview, 58 persons were appointed by the Bank. The writ petitioner is a Government servant. As per the conditions of the Notification, he was bound to apply for the post through proper channel. But in violation of the said stipulation, he applied directly for the post. Therefore, even though he has acquired high marks in the written test, he was not considered for appointment.

(3.) Against the selection and appointment of 58 candidates, several complaints were raised by unsuccessful candidates including the Writ Petitioner. The Additional Registrar of Cooperative Societies by Ext. P3 proceedings dated 24.3.1995 set aside the selection made as per Resolution No. 23 dated 9.2.1995 of the Bank. In the said Order, under Issue No. 11, the petitioners objection was considered. It was stated thereunder that the petitioner has not applied through proper channel. Since he has not complied with the conditions in the Notification it was further held that no violation of any direction is observed. Apparently, it refers to the general directions of the Registrar in the matter of selection and appointment to Cooperative Societies.