Civil Appeal No. 7839, 7840 of 2014 (Arising out of Special Leave Petition (Civil) No. 9794, 10809 of 2013). Case: 1. Akalakunnam Village Service Co-op. Bank Ltd. and another, 2. Kishore and others Vs Binu N. and others. Supreme Court (India)

Case NumberCivil Appeal No. 7839, 7840 of 2014 (Arising out of Special Leave Petition (Civil) No. 9794, 10809 of 2013)
JudgesM. Y. Eqbal, J.
IssueKerala Co-operative Societies Act - Section 69; Kerala Co-operative Societies Rules - Rule 182(5)
Judgement DateAugust 20, 2014
CourtSupreme Court (India)

Judgment:

M. Y. Eqbal, J.

  1. Leave granted.

  2. These two appeals are directed against the judgment and order dated 12.2.2013 passed by the High Court of Kerala dismissing the two writ appeals preferred by the appellants herein challenging the judgment of the Single Judge whereby the writ petition filed by Respondent Nos.1 to 3 was allowed quashing Notification inviting applications for appointment to the post of Attender/Peon and the appointments made pursuant thereto.

  3. The facts of the case lie in a narrow compass.

  4. The Akalakunnam Village Service Co-op Bank Ltd. (for the sake of brevity hereinafter referred to as "the Bank") by Notification dated 6.6.2009 invited applications to fill up the vacant posts of 1 Attender and 3 Peons and to reserve one vacancy of Peon for members belonging to SC/ST. The last date stipulated for submission of applications was 22.6.2009. Pursuant to this, among others, respondent nos.1 to 3, who are writ petitioner nos.1 to 3 applied and a written test was held on 15.7.2009 and an interview was also conducted in the afternoon of that day.

  5. In the meanwhile, respondents 1 to 3 (hereinafter referred to as "writ petitioners") filed writ petition challenging the aforesaid Notification on the ground that notification does not confirm to the Kerala Co-operative Societies Rules (in short, "the Rules") and the circulars issued under Rule 182(5) thereof. They also alleged in the writ petition that steps are afoot to appoint four persons, namely, Kishore, Jomon K.J., Archana Binoy and Abhilash, who are appellants herein in appeal arising out of SLP(C) No.10809 of 2013 and respondent nos.6 to 9 in appeal arising out of SLP(C) No.9794 of 2013 [for the sake of brevity, they are hereinafter referred to as "selected candidates"]. The Bank and the selected candidates filed counter affidavit and contested the matter.

  6. After hearing parties on either side, the learned Single Judge of the High Court came to the conclusion that the Notification and selection process were not issued in accordance with Circulars issued by the Registrar of Cooperative Societies and quashed the aforesaid Notification, selection and appointment of the selected candidates directing the Bank to conduct a fresh selection within six months in the manner directed after inviting applications in accordance with the Circular. Till then, the selected candidates were permitted to work on daily wage basis subject to the condition that their initial...

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