K.K. CHACKO Vs. N.V. JOSEPH

JUDGEMENT

(1.) This appeal arises from the judgment in O. P. No. 5803 of 1981. The appellants are respondents 4 and 5 in the Original Petition. The learned Judge held that the impugned order Ext P4 was invalid. By that order the Government upheld the approval granted by the Registrar for relaxation of the qualifications granted by the Committee of the second respondent - Society in favour of the appellants - respondents 4 and 5 in purported exercise of the power under R.185(2) of the Kerala Cooperative Societies Rules, 1969 (the "Rules"). The learned Judge held that the Registrar had no power under that rule to approve relaxation of the basic academic qualification.

(2.) The appellants are admittedly not matriculates or persons holding equivalent qualification. R.185 says:

(3.) Although the appellants are not qualified in terms of R.186 they are entitled to be regularised provided they have the requisite qualifications in terms of the bye laws which were in force prior to 1-1-1974 when Chap.15 of the Kerala Cooperative Societies Rules came into force. This is clear from note (1) to R.186 as well as R.200. Note (1) to R.186 says: