M.Jothimuthu Ramalingam v. The Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.10552 of 2023 M.Jothimuthu Ramalingam ... Appellant / Petitioner Vs.

1.The Registrar of Co-operative Societies, No.170, E.V.R.Road, Dr.Radhakrishnan Nagar, Razaak Garden, SBI Officers Colony, Arumbakkam Colony, Chennai-106.

2.The Chairman, Chennai Central Co-operative Bank Limited, 114/1, Prakasam Road, Chennai-600 108.

3.The Additional Registrar of Co-operative Societies / The Chairman, 3rd Floor, No.91, St.Mary's Road, TANFED, Abiramapuram, Chennai-18.

... Respondents / Respondents 1/6

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order of this Court made in W.P.(MD)No.4063 of 2022, dated 07.03.2022 and direct the respondents to consider the claim of the writ petitioner on the basis of his merit and on basis of his marks ie., 90.10 secured in the written examination 2020 and on the basis of his qualification and thereby direct consideration of appointment as Assistant under MBC / DC (G) or category MBC/DC (PSTM) category in one among the 286 post of Assistant or any Assistant post falling vacant in the respondent office.

For Appellant : Mr.M.Joseph Thatheus Jerome For Respondents : Mr.N.Satheeshkumar Additional Government Pleader for R1 & R3 : Mr.Gandhi Balasubramanian for R2

JUDGMENT

(Judgment of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

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2. The appellant was an assistant in the Chennai Central Co-operative Bank Limited, Chennai. The recruitment notification was issued on 30.01.2020 inviting applications from the eligible candidates. The appellant submitted his application in response thereto. He wrote the written examination on 21.11.2020. He said to have scored 90 marks. The cut off marks for MBC was only 73.10. The appellant is also eligible to come under PSTM category. The cut off marks for PSTM category was only 56.95. He was called for interview. But he was not selected. Aggrieved by his non-selection, the appellant filed W.P. (MD)No.4063 of 2022. The learned single Judge vide order dated 07.03.2022 dismissed the writ petition as not maintainable. Liberty was given to the appellant to approach the revisional authority. Aggrieved by the dismissal of the writ petition, the present writ appeal has been filed.

3. The recruitment notification had stipulated that the educational qualification of the candidate must be any degree undergone through 10+2+3 stream + Co-operative training. The recruitment notification further added that exemption from training can be granted for those 3/6

candidates who possesses in any of the following degrees:- P.G in Business Administration (Co-operation) of Vaikunth Mehta National Institute of Co-operative Management, Pune Or P.G degree in Co-operation of any University recognized by U.G.C.

4. It is further stipulated that those who have studied B.Com (Co-operation) and are seeking exemption from the Co-operative training must have had their own syllabus namely (Book Keeping, Banking, Cooperation and Auditing in B.A(Co-operation) and B.Com(Co-operation)). If the aforesaid subjects were not included in the syllabus, they ought to have undergone a training. The learned counsel appearing for the appellant pointed out that the appellant had passed two subjects in Co-operation as optional subjects.

5. In our view, that is beside the point. When the recruitment notification clearly states that the degree obtained by the candidate must be B.Com, with the aforementioned subjects in their syllabus, it is seen that the appellant had secured only B.Com. The copy of the provisional 4/6

certificate as well as the consolidated statement of marks clearly indicate that B.Com course undergone by the appellant cannot be considered as equivalent to B.Com (Co-operation). In any event, the issue shall be decided by the Government and not by the writ Court.

6. In this view of the matter, we decline to interfere with the order of the learned single Judge. The Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S., J.) (K.R.S., J.) 21.07.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The Registrar of Co-operative Societies, No.170, E.V.R.Road, Dr.Radhakrishnan Nagar, Razaak Garden, SBI Officers Colony, Arumbakkam Colony, Chennai-106.

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G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

rmi 2.The Additional Registrar of Co-operative Societies / The Chairman, 3rd Floor, No.91, St.Mary's Road, TANFED, Abiramapuram, Chennai-18.

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