SATHYDEVAN Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Doubting the correctness of the decision in Public Service Commission v. Ramesan, 2005 KHC 1198 : ILR 2005 (3) Ker. 805 : 2005 (4) KLT 466 these cases were referred to the Full Bench. The petitioners in these writ petitions are employees in the Primary Cooperative Societies affiliated to the District Cooperative Societies. We are referring to the exhibits produced in WP (C) No. 20776/2006 for convenient sake unless otherwise specifically mentioned. By inserting S.3A to S.80 of the Kerala Cooperative Societies Act (in short 'KCS Act') by Act 6 of 1995, the selection of candidates for all 14 District Cooperative Banks in the State were brought under the Public Service Commission (PSC). Under R.187, when vacancies are in Apex Society or Central Society, 50% of the vacancies shall be reserved to the employees of Primary Cooperative Societies affiliated to Apex or Central Society. R.187 reads as follows:

(2.) By Ext. P2 dated 15/06/1982, the Registrar clarified as follows:

(3.) By Ext. P5, a Regulation was passed by the Government stating that Government is pleased to approve the revised service regulations of the employees of the District / Central Cooperative Banks in the state, appended to this order for adoption by the respective Banks, so that there is some uniformity in the matter of adopting Regulations by the Banks. There were contentions regarding the validity of the Regulations, as according to the petitioners, it cannot be taken as an amendment to R.186 of the Rules, as the Rule has to be amended by Rule Making Authority, as per the prescribed procedure. Assuming that Ext. P5 is valid and direct recruitment for the post of Clerk / Cashier requires Degree with Diploma in Cooperation, Ext. P5 was later amended by the Government by Ext. P6 (GO (MS) No. 9/88/Coop. dated 23/03/1988). This reads as follows: