KERALA PUBLIC SERVICE COMMISSION Vs. P K RAMESAN

JUDGEMENT

(1.) All these Writ Appeals, except W. A. No. 1180 of 2004, which will be dealt with separately, have been filed by the Kerala Public Service Commission. In the impugned judgment, it is directed:

(2.) The Act, namely, Kerala Public Service Commission (Additional Functions as Respects Certain Societies) Act, 1996 was enforced with effect from 27-10-1995. Going by this Act, by Section 80(3A) of the Kerala Co-operative Societies Act and by Rule 187 of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as the Rules) direct recruitment to the post of Clerk/Cashier in the and District Co-operative Banks has to be made by the Public Service Commission. Fifty per cent of the vacancies shall have to be filled up through direct recruitment from among the members of the staff of the Primary Co-operative Societies possessing required qualification. Accordingly, the Public Service Commission, on getting requisition form the concerned District Co-operative Banks, issued Ext. P-l notification on 26-10-1999. These cases are confined only to the vacancies reserved exclusively for "eligible employees of Primary Co-operative Societies".

(3.) Ext. P-l notification was issued inviting application from those who possess B.A./B.Sc./B.Com. with H.D.C. or J.D.C. or B.Com. with Co-operation or B.Sc.(Co-operation and Banking) of the Kerala Agricultural University, with three years regular service in the Primary Co-operative Society as experience. The writ petitioners, though they did not possess graduation, applied pursuant to Ext. P-l notification. Their applications were rejected. They approached this Court contending that insistence by the Public Service Commission for minimum qualification of graduation is opposed to Rule 186 (ii) read with Appendix III to the Rules, which provides that in relation to the posts carrying scale of pay of less than Rs. 250 per month, the qualification shall only be matriculation or Section S.L.C. and not graduation. Therefore, insistence of graduation by the Public Service Commission in Ext. P-l was bad in view of the statutory rules. This over insistence defeats the rights of the writ petitioners for being considered for appointment. In support of this contentions, the writ petitioners mainly relied on Appendix III referred to in Rule 182( 1) of the Rule. It is submitted that for all posts which is having a pay of less than Rs. 250, Section S.L.C. with J.D.C. shall be the minimum qualification for appointment.