SHIBI M V Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Appeal is filed against the judgment of the learned Single Judge rejecting Appellant's claim for appointment to the post of Clerk in the 4th Respondent Bank in the 50% quota reserved for employees of member societies under Rule 187 of the Kerala Co-operative Societies Rules.

(2.) We have heard learned Counsel for the Appellant, learned Government Pleader appearing for the 1st Respondent and learned Standing Counsel appearing for the PSC and learned Standing Counsel appearing for the 4th Respondent Bank.

(3.) The Appellant, while working as Secretary of a member Society of the 4th Respondent Bank, applied for the post of Clerk in the quota reserved for employees of member societies in the 4th Respondent Bank. The PSC, being the selection agency, invited applications for the post, and the last date for submission of applications was 24.5.2006. As on the date of submitting the application, the Appellant had 9 years' service as Secretary of a member Society of the 4th Respondent Bank. Written test was conducted by the PSC on 10.05.2008, but result was published only on 11.12.2009. However, in between the Appellant applied for the post of Junior Clerk in the Ernakulam Co-operative Agricultural Rural Development Bank and she got employment in that Bank and joined there on 21.11.2008. Pursuant to the selection made by the PSC for appointments in the 4th Respondent Bank, the Appellant was called on 21.12.2009 for verification of her certificates. However, on being informed about the change in employment of the Appellant from a member Society of the 4th Respondent Bank to another Bank, the PSC intimated the Appellant vide Ext.P4 dated 29.12.2009 that her candidature is rejected though she was in the select list, for the reason that since she has ceased to be in employment of the member Society of the 4th Respondent Bank, she is ineligible to be considered for appointment in the quota reserved under Rule 187. Challenge against Ext.P4 was turned down by the learned Single Judge, against which this Writ Appeal is filed praying for a declaration that the Appellant is eligible to be appointed in the quota reserved for employees of member societies of the 4th Respondent Bank, under Rule 187.