DISTRICT CO OPERATIVE BANK Vs. DINESH M

JUDGEMENT

(1.) The short but interesting question that arises for consideration is whether a school teacher by virtue of his past experience as sales supervisor in a Liquor Company for three years is eligible to be appointed as General Manager of a large District Co-operative Bank which has 42 Branches, 350 employees, Rs. 1,400 crores and more of public deposits and Rs. 1,800/- crores in advances and investments. Since the Single Judge declared eligibility, the Bank is in appeal with the support of the Public Service Commission. Appellant, a District Co-operative Bank, requested the Kerala State Public Service Commission (PSC) to make selection of General manager for the Bank through direct recruitment. The PSC, on scrutiny of the application of the first respondent, a school teacher, found him ineligible for selection to the cadre of General Manager, because the qualifying experience claimed by him from 2001 to 2004 was in a supervisory cadre in the sales wing of a liquor manufacturing company on a consolidated monthly salary of Rs. 6,000/-. The disqualification notified by the PSC, namely Ext. P9 was challenged by the first respondent by filing the writ petition and through an interim order, the learned Single Judge directed the PSC to interview the first respondent who secured second position in the select list. The first Rank holder did not join and therefore the first respondent staked his claim for appointment. Even though appellant Bank and PSC raised serious objections on first respondent's eligibility and suitability for the high post of General Manager, the learned Single Judge declared the first respondent eligible and directed the PSC to advice him for appointment as General Manager against which the Bank has come up in writ appeal. We have heard Sri. P.N. Mohanan, learned Counsel appearing for the Bank, Advocate Sri. Kaleeswaram Raj, appearing for the first respondent, Special Government Pleader for the State and standing counsel for Public Service Commission which is supporting the appellant.

(2.) Since the post claimed by the first respondent is that of General Manager of the District Co-operative Bank, which is the post of chief executive officer of the bank, we feel the qualification and eligibility with reference to Rules and notification of PSC have to be considered with reference to the nature of operations of the Bank and responsibility of General Manager of the Bank. We have to first consider the nature of constitution, the stake holders and magnitude of operations of the Bank which is a Central society to which as many as 522 societies in the District are affiliated. The Bank has, besides the head office, 42 branches and one mobile branch, employing a total number of 348 regular employees. It has public deposits of over Rs. 1,410 crores, has made an advance of Rs. 1,100 crores and an investment of about Rs. 700 crores. A District Co-operative bank with the level of operations and commitment to the public as above should have a very qualified and matured person with experience to be made the chief executive officer under whom there are 350 employees including 42 branch managers work. We have to necessarily consider the eligibility and qualification of the candidate with reference to the requirement for the post he has to hold on appointment i.e. as General Manager of a Bank with operations spreading all over the District as a whole. The first respondent has acquired MBA degree from Bharathiar University, Coimbatore, in October, 2001. However, he did not pursue his career utilizing the educational qualification acquired namely, a degree in Management because he has served only as a supervisory personnel in the sales wing of a liquor company just for three years from 2001-2004 and thereafter became a school-teacher which he is continuing for the last nearly eight years. In the first place, we have to notice that the first respondent could not make a career in Business Management because he joined at a lower level as a supervisory man and not in a managerial position that too on a consolidated pay of Rs. 6,000/- per month, that too, for a short period of three years and thereafter, discontinued the profession. The question therefore, to be considered is whether supervisor turned teacher is rightly found eligible by the learned single judge for appointment as General manager of a big bank like the appellant, the successful management of which is essential at large to protect the interest of thousands of depositors from the poor and middle class cadre of the society

(3.) If there are no Rules prescribing qualification and experience for selection to the post of General Manager and if the selection was to be made objectively just looking at the qualification and experience of the person, nobody can doubt that no well-advised system will select the first respondent for appointment as General Manager of a big bank. However, when educational qualifications and experience and procedures for selection are prescribed, the question to be considered is whether the PSC rightly found him ineligible and if not to uphold the judgment of the Single Judge directing PSC to advise first respondent for appointment as General Manager. Both the appellant Bank, the PSC and the Government are seriously opposing the judgment.