BENNY T.D. AND ORS. ETC. ETC. versus REGISTRAR CO-OPERATIVE SOCIETIES AND ANR. ETC. ETC.

BENNY T.D. AND ORS. ETC. ETC. versus REGISTRAR CO-OPERATIVE SOCIETIES AND ANR. ETC. ETC.

There was no violation of Section 80(4) of the Act or Rule 187 of the Rules. The Act and Rules do not provide for lower cut-off marks for SC/ST or for reservation of 50% posts for in-service candidates. The Registrar and the High Court erred in their interpretation. Further, reliance on inquiry reports not supplied to affected parties violated principles of natural justice. Orders rescinding appointments are unsustainable and liable to be quashed.

Parties
Appellants: Benny T.D. and Others; Respondents: Registrar Co-operative Societies and Another
Jurisdiction
India
Judgment Date
04 May 1998
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of the Kerala High Court in Writ Appeal No. 37 of 1997 and Connected Matters
Outcome
Appeals allowed (by appointees); appeal by State of Kerala dismissed; orders of Registrar and High Court set aside; appointments upheld.
Legal Topics
Appointments in Co Operative Societies, Reservations for Sc/st, Natural Justice, Recruitment Procedure, Interpretation of Kerala Co Operative Societies Act and Rules
Service Law Administrative Law Appointments in Co Operative Societies Reservations for Sc/st Natural Justice Recruitment Procedure Interpretation of Kerala Co Operative Societies Act and Rules

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Parties

Benny T.D. and Others

Appellants

Registrar Co-operative Societies and Another

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of the Kerala High Court in Writ Appeal No. 37 of 1997 and Connected Matters

Legal Issues

  1. 1 Whether appointments of clerks by Trissur and Kottayam District Co-operative Banks violated Section 80(4) of Kerala Co-operative Societies Act and Rules 176, 186, 187
  2. 2 Whether non-supply of inquiry report to affected parties vitiates the selection process under principles of natural justice
  3. 3 Whether 50% of vacancies must be reserved for in-service candidates under Rule 187

Ratio Decidendi

There was no violation of Section 80(4) of the Act or Rule 187 of the Rules. The Act and Rules do not provide for lower cut-off marks for SC/ST or for reservation of 50% posts for in-service candidates. The Registrar and the High Court erred in their interpretation. Further, reliance on inquiry reports not supplied to affected parties violated principles of natural justice. Orders rescinding appointments are unsustainable and liable to be quashed.

Court Disposition

Appeals allowed (by appointees); appeal by State of Kerala dismissed; orders of Registrar and High Court set aside; appointments upheld.

Orders

  • Appointments made to post of clerks by Resolution No. 2 dated 5.2.1995 and Resolution No. 10 dated 17.5.1995 of Trissur District Co-operative Bank and by Resolutions No. 3 and 4 dated 13.4.1995 of District Co-operative Bank, Kottayam are valid.
  • Orders of Registrar, Co-operative Societies annulling said appointments are quashed.