Kerala High CourtJoby Chacko vs Joint Registrar (General) on 6 July, 2022Author:Devan RamachandranBench:Devan RamachandranIN THE HIGH COURT OF KERALA AT ERNAKULAM\n                              PRESENT\n         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN\n    WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944\n                       WP(C) NO. 3798 OF 2022\nPETITIONER:\n\n    1     JOBY CHACKO,\n          AGED 30 YEARS\n          S/O.CHACKO JOSEPH, PONNAKUZHIYIL,CHEMBAKAPPARA P.O.,\n          IDUKKI-685 514.\n    2     BOBIT ANTONY,\n          AGED 24 YEARS\n          S/O.ANTONY MATHEW, CHERUCHILAMBIL HOUSE, ERATTAYAR\n          NORTH, ERATTAYAR NORTH P.O., KATTAPPANA,\n          IDUKKI-685 514.\n    3     JISHNU SHYAM,\n          AGED 26 YEARS\n          S/O.SHAYMKUMAR, CHEMBAKASSERIYIL, IDINJAMALA P.O.,\n          IDUKKI-685 514.\n          BY ADVS.\n          R.T.PRADEEP\n          M.BINDUDAS\n          K.C.HARISH\n\n\nRESPONDENTS:\n\n    1     JOINT REGISTRAR (GENERAL),\n          OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES\n          (GENERAL), PAINAVU P.O., IDUKKI-685 603.\n    2     THE SANTHIGRAM SERVICE CO-OPERATIVE BANK LTD.NO.K280,\n          REPRESENTED BY ITS SECRETARY, SANTHIGRAM P.O.,\n          IDUKKI-685 514.\n    3     SECRETARY,\n          THE SANTHIGRAM SERVICE CO-OPERATIVE BANK LTD.NO.K280,\n          SANTHIGRAM P.O., IDUKKI-685 514.\n          RAJANI P.M.,\n    4     PUTHENPARAMBIL VEEDU, CHEMBAKAPPARA P.O.,\n          IDUKKI 685514.\n          GEETHA MOHAN,\n    5\n          KALLARAKKAL, ERATTAYAR P.O., IDUKKI 685514.\n          BY ADVS.\n          ADVOCATE GENERAL OFFICE KERALA\n          SURYA MOHAN P.\n          V.PREMCHAND\n          SRI.JOSHY THANIKKAMATTOM - GP\n WP(C) NO. 3798 OF 2022                2\n\n      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION\nON   06.07.2022,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE\nFOLLOWING:\n WP(C) NO. 3798 OF 2022            3\n\n                           JUDGMENTThe petitioners impugn Ext.P6 order issued by the Joint\n\nRegistrar of Co-operative Societies interdicting a selection\n\nprocess, which was being conducted by the 2 nd respondent - Co-\n\noperative Society at that time, for the purpose of appointment\n\nto the posts of Peon and Attenders.2. The petitioners contend that, as is evident from Ext.P6,\n\nthe Joint Registrar has acted upon an assumption that the\n\nExternal Agency entrusted to conduct the written examination\n\nby the Society was not an accredited one. They say that this is\n\nper se improper and incorrect because, Ext.P1 order would\n\nclearly show that said Agency was accredited and has been\n\nshown as Item No.24 therein. The petitioners thus pray that\n\nExt.P6 and the consequential Exts.P7, P8 and P9 orders, be set\n\naside.3. I notice from the files of this Court that, finding force in\n\nthe submissions of the petitioners as afore, a learned Judge of\n\nthis Court had issued an order on 04.02.2022, granting interim\n\norder as prayed for, which is to mean that petitioners wereWP(C) NO. 3798 OF 2022           4allowed to provisionally join duty, pursuant to their selection.\n\nThe said order is in force even today and obviously, the\n\npetitioners are continuing in service.4.   Sri.Joshy Thanikkamattom - learned Government\n\nPleader, responded to the afore allegations of the petitioners -\n\nas made by their learned counsel - Sri.R.T.Pradeep, saying that\n\nExt.P6 was based on a complaint made by certain persons to the\n\neffect that the External Agency entrusted by the Bank for the\n\npurpose of conduct of their written examination was not\n\naccredited. He, however, conceded that, going by Ext.P1, this\n\ndoes not appear to be correct.5. When I evaluate the afore submissions, it is evident that\n\nthe Joint Registrar could not have interfered with the process of\n\nselection conducted by the Society, unless there were\n\ncompelling reasons for doing so. His jurisdiction in matters of\n\nthis kind are limited; but I do not propose to speak on it\n\naffirmatively in this case because I am certain that Ext.P6\n\ncannot find favour for the reasons that I will presently record.6. As rightly submitted by the learned GovernmentWP(C) NO. 3798 OF 2022             5Pleader, Ext.P6 has been issued based on a complaint by certain\n\npersons solely to the effect that the External Agency entrusted\n\nby the Society to conduct the written examination was not an\n\naccredited one. However, going by Ext.P1, this certainly is\n\nincorrect and the said Agency has been included as Item No.24\n\ntherein.7. That apart, Ext.P6 only says that the Society shall not\n\ncontinue with the selection process until further orders. This\n\norder was issued on 01.02.2022 and there is nothing to show\n\nthat the Joint Registrar had followed it up with any further\n\nenquiry or proceedings. It is, therefore, indubitable that the\n\nJoint Registrar has left it there, after having issued Ext.P6.8. The fact that the petitioners were allowed to join duty\n\nthrough the afore interim order of this Court is also an\n\nadditional reason why this Court feels it necessary to grant\n\nthem relief, particularly when none of the complainants have\n\nraised any objection thereafter.Resultantly, I order this writ petition and set aside Exts.P6\n\nto P9; thus confirming the interim order of this Court datedWP(C) NO. 3798 OF 2022           604.02.2022; declaring that the petitioners will be entitled to all\n\nbenefits pursuant to their selection and appointment as per law.Needless to say, I leave full liberty to the official\n\nrespondents to initiate and conduct any enquiry that they may\n\ndeem necessary; however, after making sure that they do so on\n\ncogent and reliable evidence and materials, and not based on\n\nhearsay or unsubstantiated imputations.Sd/-DEVAN RAMACHANDRAN\n                                            JUDGE\nMC/6.7WP(C) NO. 3798 OF 2022        7APPENDIX OF WP(C) 3798/2022\n\nPETITIONER EXHIBITS\nExhibit P1          TRUE COPY OF THE ORDER DATED 18.01.2022\n                    DELINEATING THE OUTSIDE AGENCIES BY THE\n                    REGISTRAR OF CO OPERATIVE SOCIETIES.Exhibit P2          TRUE COY OF THE ADMISSION TICKET FOR THE\n                    WRITTEN EXAMINATION CONDUCTED BY THE\n                    OUTSIDE AGENCY ON 28.01.2022.Exhibit P3          TRUE COPY OF THE APPOINTMENT ORDER DATED\n                    29.01.2022 TO 1ST PETITIONER AS PEON IN\n                    3RD RESPONDENT SOCIETY.Exhibit P4          TRUE COPY OF THE APPOINTMENT ORDER DATED\n                    29.01.2022 TO 2ND PETITIONER AS PEON IN\n                    3RD RESPONDENT SOCIETY.Exhibit P5          TRUE COPY OF THE APPOINTMENT ORDER DATED\n                    29.01.2022 TO 3RD PETITIONER AS ATTENDER\n                    IN 3RD REPONDNET SOCIETY.Exhibit P6          TRUE COPY OF THE ORDER DATED 01.02.2022\n                    BY 1ST RESPONDENT STOPPING THE\n                    PROCEEDINGS FOR APPOINTMENT.Exhibit P7          TRUE COPY OF THE ORDER DATED 02.02.2022\n                    OF 3RD RESPONDENT TO 1ST PETITIONER.Exhibit P8          TRUE COPY OF THE ORDER DATED 02.02.2022\n                    OF 3RD RESPONDENT TO 2ND PETITIONER.Exhibit P9          TRUE COPY OF THE ORDER DATED 02.02.2022\n                    OF 3RD RESPONDENT TO 3RD PETITIONER.