RAJENDRAN M Vs. MATTANCHERRY MAHAJANIK CO-OPERATIVE URBAN BANK LTD; BOARD OF DIRECTORS; CO-OPERATIVE SERVICE EXAMINATION BOARD; JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES; STATE OF KERALA

JUDGEMENT

(1.) A member of a Society, incidentally its former employee, questions in this Writ Petition the mode of recruitment sought to be adopted by the Society after amending its Feeder Category sub- Rules. This amendment, too, is called in question. On the other hand, the Society has a countervailing question as regards the petitioner's standing in filing the writ petition.

(2.) The petitioner, who was earlier an employee of the first respondent Bank, is now its member holding shares. He has filed the writ petition questioning the amendment effected to Ext.P2(a) Feeder Category Rules providing for direct recruitment, apart from appointment by promotion, as a source of recruitment to the post of General Manager. He has further assailed Ext.P1 notification issued by the third respondent pursuant to Ext.P2 (a) amended Feeder Category Rules, seeking to fill up the post of General Manager through direct recruitment.

(3.) In the above factual backdrop, the learned counsel for the petitioner has submitted that in terms of Section 13A of the Kerala Co- operative Societies Act ('the Act'), the bye-laws, including the Recruitment Rules, shall be in consonance with the statutory provisions either as per the principal enactment or the Rules made thereunder.