ATHULYA Vs. JOINT REGISTRAR OF CO-OP SOCIETIES

JUDGEMENT

(1.) W.P.(C.) Nos.16943 of 2023 and 26590 of 2023 are filed by one and the same person. In W.P.(C) No.16943 of 2023 the petitioner seeks a direction to the 3rd respondent Bank to appoint the petitioner to the vacancies notified as per Ext.P1 on the basis of Ext.P5 rank list and Ext.P7 advice memo. W.P.(C) No.26590 of 2023 is filed to quash Ext.Nos.P10 and P11 and to direct the 3rd respondent to appoint the petitioner to the vacancies notified in Ext.P1 notification. W.P.(C) No.38375 of 2023 is also filed to quash Ext.Nos.P10 and P11 and to appoint the petitioner in the vacancy pursuant to Ext.P5 rank list.

(2.) W.P.(C) No.26590 of 2023 is taken as a leading case and the brief facts are narrated below: The petitioner is the 1st rank holder to the post of Junior Clerk in the 3rd respondent bank. On the basis of Ext.P1 notification, the petitioner was called for a written examination. The written examination was conducted on 14/11/2021 and Ext.P3 short list was published by the 2nd respondent. While so, the 4th respondent committee of the

(3.) rd respondent bank was superseded and an administrative committee was appointed as per Sec. 33 of the Kerala Cooperative Societies Act, 1969 (for short 'the Societies Act'). The administrative committee, who assumed office, on receipt of Ext.P3 list from the 2nd respondent, conducted the interview and Ext.P5 rank list was brought into force. Thereafter, Ext.P7 advice memo was issued to the petitioner to join the 3rd respondent Bank as Junior Clerk (General). 3. In the meanwhile, a candidate who secured 13th rank in the rank list approached this court by filing W.P.(C) No. 14096 of 2022 for a direction restraining the administrative committee from effecting appointments pursuant to the interview and for a declaration that the Administrative committee has no power or authority in law to make appointments of junior clerk/cashier to the 3rd respondent. By judgment dtd. 28/9/2022, a learned single Judge of this court directed the administrative committee not to make any substantive appointment in the service of 3rd respondent society. However, liberty was given to make temporary appointments till such time the managing committee comes to office to ensure that there is no administrative break down.