HANEESA BEEVI Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) Ext.P2 is the feeder category rules published by the second respondent Co-operative Bank in terms of Rule 185(1) of the Kerala Co-operative Societies Rules, 1969, hereinafter referred to as the "Rules". The post of Branch Manager is to b filled up by promotion and direct recruitment in a prescribed ratio. Selection of candidates for promotion is to be on the basis of merit and ability, to be assessed through competitive examinations as per Rule 185(1) of the Rules. Since holding of competitive examinations under that sub rule stood stayed by this Court, promotions to the post of Branch manager were being made temporarily.

(2.) According to the petitioners, they are the seniormost qualified senior accountants eligible for being considered for promotion as branch Managers, however that, respondents 3 to 7 who do not possess the requisite qualification of graduation were allegedly extended blanket exempted from the requisite qualification. On such allegation, this writ petition was filed and an interlocutory order was issued on 17-6-2003 on I.A.No. 3909 of 2003 directing that any further promotion shall be only from qualified eligible hands or persons who have been cleared by the Board as well as by the departmental authorities under Rule 185(8) of the Rules. It was clarified that any promotion so made, would be subject to the final orders in the writ petition.

(3.) Thereafter, Ext.P7 was issued on 19-11-2003 whereby the first respondent registrar has approved the relaxation of educational qualification of graduation granted by the Bank in favour of respondents 3 to 7. This is under challenge by the amendment of the writ petition.