M ANANDAVALLY Vs. PRESIDENT

JUDGEMENT

(1.) CERTAIN questions of fundamental character touching the rule of reservation contained in Section 80 (4) of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the "act", require consideration in these cases.

(2.) WP (C ). 13257/2007 is filed by the beneficiaries of the order impugned in WP (C ). 14031/2007 filed by the Alleppey District Co-operative Bank, hereinafter referred to as the "bank".

(3.) THE bank issued a notification on 16-5-1990 inviting applications for the posts of Clerks. Fifty per cent of the total vacancies were reserved for the employees of the member societies in compliance with the provisions of Rule 187 of the Kerala Co-operative Societies Rules, 1969, hereinafter referred to as the "rules". Ten per cent of the vacancies were reserved for members belonging to Scheduled Castes and Scheduled Tribes, having regard to the provisions of Section 80 (4) of the Act. The written test and interview were conducted on 2-12-1990 and 8-7-1992 respectively. This led to certain litigations since the Department decided to cancel the selection on account of certain complaints, particularly regarding reservation. Ultimately, following directions issued by this Court, the Registrar passed an order on 20-8-2003 holding that the bank had shown discrimination in the appointment of SC/st candidates from the select list in as much as five SC/st candidates were appointed from the society quota (from among the employees of the member societies) and only one candidate from the general quota, instead of appointing three each from the society quota and the general quota. The Registrar also held that since the total strength of Clerks/cashiers was increased to 114, the SC/st candidates were entitled to get appointment against 12 posts, but only six SC/st candidates were appointed. Holding that the quota of SC/st employees should be increased in proportion to the ratio stipulated in the Act and Rules, the Registrar directed the bank to provide appointment to the petitioners before him. Thereafter, WP (C ). 36688 of 2003 was filed mainly praying for a direction to the bank to take steps to comply with that order of the Registrar dated 20-8-2003. Another candidate, one Jyothish Kumar, challenged that order of the Registrar by filing WP (C ). 848 of 2004. As per common judgment dated 10-9-2004, the Registrar's order dated 20-8-2003 was quashed allowing WP (C ). 848/2004. As a consequence, WP (C ). 36688/2003 was dismissed. This led to Writ Appeal Nos. 2113 and 2127 of 2004 which were decided by the Division Bench on 26th November, 2004 - judgment is Ext. P2 in WP (C ). 14031/2007. The Bench was of the view that the Registrar had not considered all the relevant aspects with reference to the provisions of the Act and Rules and also that though the dispute was regarding the appointments made against the vacancies which arose prior to 29-4-1995, there was not even a proper determination of the number of vacancies which arose prior to that date. It was also held that there was no proper consideration of the modalities in which the rule of reservation under Section 80 (4) of the Act and that in Rule 187 of the Rules were to be reckoned and given effect to in the matter of filling up of those vacancies. It was held that the matter requires re-examination and accordingly, the Registrar's order dated 20-8-2003 was quashed. The judgments in the writ petitions that led to the filing of the writ appeals were set aside and the Registrar was directed to consider the matter afresh. Thereafter by order dated 5-3-2005, the Registrar held that two persons are eligible additionally, for appointment from the SC/st general quota to make good the backlog and to enhance the representation of SC/st categories into three. Directions were accordingly issued as per that order dated 5-3-2005. That order was challenged in WP (C ). Nos. 14763 and 17208 of 2005. Those writ petitions were allowed setting aside the Registrar's order dated 5-3-2005 - judgment is Ext. P4 in WP (C ). 14031/2007, though there appears to be an error in the opening sentence of that judgment regarding the identity of the order that was under challenge. In that judgment, it was clearly noticed that ten per cent of the posts have to be filled up from among the candidates belonging to SC/st communities and whatever be the method of recruitment and process of selection, it is imperative on the part of the employer bank to comply with Section 80 (4) by filling up ten per cent of the posts by candidates belonging to SC/st communities. The undisputed fact that the total cadre strength of the bank is 326, out of which, 114 posts are those of Clerks/cashiers and six posts are those of Clerks/typists, was also noticed. Following that judgment, the matter was again considered by the Registrar, resulting in the order dated 8-12-2006 which is impugned by the bank in WP (C ). 14031/2007 and which, its beneficiaries seek to enforce through WP (C ). 13257/2007.