| |
CDJ 2026 Ker HC 442
|
| Court : High Court of Kerala |
| Case No : WP(C) No. 48316 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE N. NAGARESH |
| Parties : Jibin Jose Versus Kerala State Co-Operative Agricultural & Rural Development Bank, Represented By Its Managing Director, Thiruvananthapuram & Others |
| Appearing Advocates : For the Petitioner: M. Sasindran, Joggy Mathunni, Advocates. For The Respondents: M.A. Asif, SC, P.C. Sasidharan, SC, Imam Grigorious Karat, Spl. Government Pleader. |
| Date of Judgment : 24-03-2026 |
| Head Note :- |
Kerala Co-operative Societies Rules, 1969 - Rule 186(4) -
Comparative Citation:
2026 KER 24155,
|
| Summary :- |
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Kerala Co-operative Societies Rules, 1969
- Rule 186(4)
- Rule 186
- Rule 185(3)
- Rule 187
- Section 109 of the Kerala Co-operative Societies Act
- Ext.P6 Government Order dated 04.12.2018
2. Catch Words:
- Ultra vires
- Invalidity
- Additional qualification
- Recruitment
- Government order
- Rule‑making power
- Direct recruitment
- Consultation with Public Service Commission
3. Summary:
The petitioner seeks a declaration that Rule 186(4) of the Kerala Co‑operative Societies Rules, 1969 is invalid and that Exts.P4 and P5 notifications, which impose HDC/JDC as extra qualifications for Administrative Officer and Regional Manager posts, be quashed. He argues that qualification power rests with the Government under Section 109 of the Act and that the notifications exceed that power. The respondents contend that the recruitment rules, including Rule 187, and the consultation with the Public Service Commission are valid, and that the notifications were issued in accordance with Ext.P6 Government Order. The Court notes that Ext.P6 was framed in 2018, the notifications were issued in 2020, and the petition was filed only in 2025, rendering the challenge belated. Considering the statutory framework and the timing, the Court finds no merit in the petition.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
|
1. The petitioner, who is an aspirant to the post of Regional Manager and Administrative Officer under the Kerala State Co-operative Agricultural and Rural Development Bank, has filed this writ petition seeking to declare that Rule 186(4) of the Kerala Co-operative Societies Rules, 1969 is invalid. The petitioner seeks to quash Exts.P4 and P5 notifications to the extent it prescribes JDC as additional qualifications along with MCom for appointment to the post of Administrative Officer and Regional Manager of the Bank.
2. The petitioner states that he possesses MCom in Business Finance and BCom with Co-operation as special subject. The Public Service Commission has issued Ext.P4 notification dated 03.08.2020 for direct recruitment to the post of Administrative Officer. Ext.P5 notification has been published for appointment to the post of Regional Manager through direct recruitment.
3. The petitioner states that rule making power for appointment to the said posts is vested with the Government as per Section 109 of the Kerala Co-operative Societies Act. Rule 186 framed in exercise of Section 109 prescribes qualifications for appointment. The petitioner states that the posts of Administrative Officer and Regional Manager would fall under Rule 185(3). As per Rule 186, a person having MCom is eligible for appointment to the post of Administrative Officer and Regional Manager at the Kerala State Co-operative Agricultural and Rural Development Bank. The petitioner is therefore eligible for appointment.
4. However, in Exts.P4 and P5 notifications, an additional qualification of HDC/JDC is prescribed for applying for the said posts. The said prescription is illegal and arbitrary. Such additional qualification has been prescribed based on Ext.P6 Government Order dated 04.12.2018. Ext.P6 Government Order cannot override the provisions contained in the statutory rule. The Government cannot further delegate the power, contends the petitioner.
5. The examination for recruitment pursuant to Exts.P4 and P5 has been notified to be held on 14.01.2026. Unless this Court interferes in the matter, the petitioner will be put to hardship. The counsel for the petitioner relied on the judgment of the Hon’ble Apex Court in Mahalakshmi Sugar Mills Company Limited and another v. Union of India and others [(2009) 16 SCC 569] to contend that validity of a subordinate legislation can be questioned on the ground of ultra vires the parent Act.
6. A Division Bench of this Court, in the judgment in Kerala Public Service Commission v. Neethu Surendran P.S. [2025 (2) KLT 236] has held that a Government Order prescribing qualifications different from that contained in the Special Rules, will be invalid. The petitioner also relied on the judgment in Janardhanan v. Joint Registrar [1990 (1) KLT 530] and urged that the power or authority must be exercised according to the mode provided and contemplated by the statutory provision. Other modes of performance are necessarily forbidden.
7. The 1st respondent-Bank resisted the writ petition. The 1st respondent submitted that as per Rule 187 of the Kerala Co-operative Societies Rules, 50% of the direct recruitment vacancies in Apex Societies are to be filled from among the qualified employees of the primary Societies affiliated to the Apex Society. Therefore, vacancies earmarked for direct recruitment for the post of Administrative Officer and Regional Manager is to be filled in the ratio 1:1 between the general category and Society category.
8. The 1st respondent stated that in respect of posts to be filled by way of direct recruitment in the 1st respondent-Bank, the Bank is obliged to consult the Public Service Commission. After due consultation, the advice received from the PSC was accepted by the Bank. The recruitment was notified thereafter. The writ petition is therefore without any merit and it is liable to be dismissed.
9. I have heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 1st respondent, the learned Special Government Pleader representing the 2nd respondent and the learned Standing Counsel appearing for the 3rd respondent.
10. The argument of the petitioner is that as per Rule 186 of the Kerala Co-operative Societies Rules, a person who is having M.Com is eligible for appointment to the post of Administrative Officer and Regional Manager at the Kerala State Co-operative Agricultural and Rural Development Bank. In Exts.P4 and P5 notifications, an additional qualification HDC/JDC is prescribed. As the rule making power is vested with the Government under Section 109 of the Kerala Co- operative Societies Act, prescription of additional qualification in Exts.P4 and P5 notifications is illegal.
11. Ext.P6 is a Government Order approving the recruitment rules for appointment to the posts in Co-operative and Agricultural Rural Development Bank. As per Ext.P6 for direct recruitment to the post of Administrative Officer, the qualification prescribed is as follows:
Category
2. Administrative
Officer (and
equated
categories viz
Chief Inspecting
Officer /
Principal)
| Method of appointment
1. By promotion from
Regional Manager
(Category No.3)
2. By Direct Recruitment.
Note: Promotion and
direct recruitment shall be
in the ration 1:1.
| Qualification
For Direct Recruitment
1) MBA (Finance)/MBA(HR) OR Membership
of the Institute of Chartered Accountants of
India, with 3 years experience in Managerial /
Supervisory cadre in Co-operative Institutions /
Scheduled Banks / Government / Quasi
Government Institutions / Public Limited
Companies.
OR
Arts/Science/Commerce with not less than 50%
marks in the qualifying examination and
H.D.C./J.D.C.
OR
3) Any Bachelor's Degree from a recognised
University with not less than 60% marks in the
qualifying examination and H.D.C./J.D.C.
OR
4) A Bachelor's Degree in Agriculture or
Horticulture of a recognised University.
OR
5) BSC (Co-operation and Banking) of Kerala
Agricultural University
OR
6) Degree in Law.
|
12. The qualifications for the posts of Regional Manager are as follows:
Category
3.Regional
Manager: (and
equated
categories VIZ
Finance
Manager - I
Finance
Manager - II
Agricultural
Development
Manager and
Core Faculty
| Method of appointment
1) By promotion from a list
of Agricultural
Development Officers &
Deputy Managers on the
basis of Combined
Seniority in the feeder
category.
2) By Direct Recruitment
Note: Promotion and
Direct Recruitment shall be
in the ratio of 1:1.
| Qualification
For Direct Recruitment
1) MBA (Finance)/Membership of the Institute
of Chartered Accountants of India with 3 years
experience in Managerial / Supervisory cadre
in Co-operative Institutions/ Scheduled
Banks/Government/Quasi Government
Institutions / Public Limited Companies.
OR
2) A Master's Degree of a recognized
University in Arts / Science / Commerce with
not less than 50% marks in the qualifying
examination and H.D.C./J.D.C.
OR
3) Any Bachelors Degree from a recognised
University with not less than 60% marks in the
qualifying examination and H.D.C./J.D.C.
OR
4) Degree in Law
OR
5) A Bachelors Degree in Agriculture or
Horticulture of a recognised University.
OR
6) B.Sc (Co-operation and Banking) of Kerala
Agricultural University.
|
13. As per Section 109 of the Act, 1969, the Government may make rules for any class of Societies prescribing the qualifications for employees. In exercise of the powers, the Government has framed Kerala Co-operative Societies Rules prescribing qualifications for various posts. The Government felt it necessary that different qualifications should be prescribed for certain categories of posts under the Kerala State Co-operative Agricultural and Rural Development Bank Limited. Therefore, a different set of rules have been prescribed for making recruitment to the Kerala State Co- operative Agricultural and Rural Development Bank. Ext.P6 rules have been prescribed accordingly. It cannot be said that the prescription of different set of rules for recruitment to the posts in the Kerala State Agricultural and Rural Development Bank is not in exercise of the powers conferred under Section 109.
14. Furthermore, I find that Ext.P6 recruitment Rules were framed as early on 04.12.2018 and Exts.P4 and P5 recruitment notifications were issued on 03.08.2020. The challenge against Exts.P4 and P5 has been made filing a writ petition in the year 2025. The respondents would submit that there are 11632 applicants for the post of Administrative Officer and 10729 applicants for the post of Regional Manager. Considering the facts of the case, the challenge made against Exts.P4 and P5 are highly belated.
The writ petition is hence dismissed.
|
| |
