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. |
| 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. |
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.