KARTHIKEYAN P S Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) Since a common issue arises for consideration in these two writ petitions, they are being disposed of by this common judgment. In fact, these two petitions have been referred to the Division Bench by a learned single Judge by order dated April 5, 2010 since the learned Judge was of the view that it would be appropriate if a Division Bench considered the issue.

(2.) The issue relates to the sweep and amplitude of the power that can be exercised by a Co-operative Society and the Registrar of Societies under Rule 185(8) of the Kerala Co-operative Societies Rules, 1969 (for short, the Rules) to relax the educational qualification of an employee for the purpose of promotion to a higher post.

(3.) Petitioners are working as Senior Accountants in different branches of the Trivandrum District Co-operative Bank. They are graduates and diploma holders in co-operation and according to them, they are eligible to be promoted to the post of Branch Manager. But their employer viz., the Trivandrum District Co-operative Bank took a decision to promote three of their seniors (Respondents 3 and 4 in W.P. No. 31813/2009 and Respondent No. 4 in W.P. No. 31497/2008) to the post of Branch Manager even though they did not possess the basic qualification of a degree from a recognised University as stipulated in Rule 186 of the Rules.