Lijesh T. v. The Joint Registrar Of Co-Operative Societies (General)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 WP(C).No. 27691 of 2014 (J) ---------------------------- PETITIONERS :
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1. LIJESH T.
THOTTIYIL HOUSE, THENHIPALAM.P.O.
MALAPPURAM DISTRICT.
2. KRISALA.K., PULACHODIYIL HOUSE, THENHIPALAM.P.O.
MALAPPURAM DISTRICT.
BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS :
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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MALAPPURAM-676001.
2. THENHIPALAM SERVICE CO-OPERATIVE BANK LIMITED NO. 1969, THENHIPALAM, MALAPPURAM REPRESENTED BY ITS SECRETARY-673645.
3. THE MANAGING COMMITTEE OF THE THENHIPALAM SERVICE CO-OPERATIVE BANK, THENHIPALAM, MALAPPURAM REPRESENTED BY ITS PRESIDENT-673645.
Addl.4. BASHEER E.K MEPPARAMBATHU HOUSE, THENHIPPALAM PO, MALAPPURAM (ADDL.R4 IMPLEADED AS PER ORDER DATED 21.11.2014 IN IA 15260/14) R1 BY GOVERNMENT PLEADER SRI.GIKKU JACOB R2,R 3 BY ADV. SRI.R.RAMADAS ADDL.R4 BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS
WP(C).No. 27691 of 2014 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 .
TRUE COPY OF THE DISABILITY CERTIFICATE OF THE 1ST PETITIONER.
EXT.P2 .
TRUE COPY OF THE PLUS TWO CERTIFICATE.
EXT.P3 .
TRUE COPY OF THE COMMUNICTY CERTIFICATE ISSUED BY THE VILLAGE OFFICER.
EXT.P4 .
TRUE COPY OF THE STAFF PATTERN OF THE 2ND RESPONDENT BANK.
EXT.P5 .
TRUE COPY OF THE JUDGMENT IN WPC NO. 18840/2013. EXT.P6 .
TRUE COPY OF THE NOTIFICATION APPEARED IN VEEKSHANAM.
EXT.P7 .
TRUE COPY OF THE NOTIFICATION APPEARED IN CHANDRIKA. EXT.P8 .
TRUE COPY OF THE CIRCULATION DETAILS OF THE VEEKSHNAM COLLECTED FROM THE AGENT OF THE PAPER. EXT.P9 .
TRUE COPY OF THE CIRCULATION DETAILS OF THE CHANDRIKA FROM THE AGENT OF THE PAPER.
EXT.P10 .
TRUE COPY OF THE REPRESENTATION BY 1ST PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P11 .
TRUE COPY OF THE REPRESENTATION BY 2ND PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS NIL ---------------------------------------- /TRUE COPY/ PA TO JUDGE VS
V.CHITAMBARESH, J --------------------------------------- W.P.C.No.27691 of 2014 ---------------------------------------- Dated this the 11th day of March, 2015
JUDGMENT
Exts.P6 and P7 notifications inviting applications for appointment to the posts of peons are impugned. The notifications are challenged mainly on the ground that it has not been published in two newspapers having wide circulation in the area. The plea in essence of the petitioners is that, Circular Nos.18/91 and 79/11 have been flouted by the second respondent Bank, in the matter of recruitment.
2. Section 66A of the Kerala Co-operative Societies Act empowers the first respondent - Joint Registrar to look into this aspect. The petitioners have preferred Exts.P10 and P11 representations, which are pending with the first respondent. I direct the first respondent to consider Exts.P10 and P11 representation with notice to the petitioners, the second respondent as well as the additional fourth respondent.
3. The question whether the recruitment is
W.P.C.No.27691 of 2014 made adhering to the circulars above or has been flouted warranting cancellation shall be considered. The needful shall be done within a period of one month from the date of the receipt of a copy of this judgment. Further proceedings pursuant to Exts.P6 and P7 notifications shall continue dependent on the outcome of the Exts.P10 and P11 representations.
This writ petition is disposed of.
Sd/- V.CHITAMBARESH JUDGE /TRUE COPY/ PA TO JUDGE vs