2007 LAB. I. C. 3115 ::(2007) 3 Ker LT 449 ::(2007) 2 Ker LJ 757

Kerala High Court

Hon'ble Judge(s): K. S. Radhakrishnan, Antony Dominic , JJ

( A ) Kerala Public Service Commission (Additional Functions as Respects Certain Societies) Act (5 of 1996) S. 3 (2) (h) — Kerala Public Service Commission (Consultation by Committee of Co-operative Societies) Rules (1998), Rr. 3, 6 — Kerala Co-operative Societies Act (21 of 1969), S. 109 — Kerala Co-operative Societies Rules (1969), R. 186 (1) (1B) — Appointment — Post of G. M. of District Co-operative Bank — Public Service Commission (PSC) selected and appointed respondent to post under advice memo forwarded to Committee of Society — Challenged by petitioner on ground that respondent was not having requisite qualification and experience as prescribed under Rule 186 (1) (1B) — District Co-op. Bank supported stand of petitioner — However, Committee of Society, at no point of time had raised any dispute with regard to qualification of respondent before P.S.C. — President of Co-op. Society was member of Committee which conducted interview — He also did not raise doubt about qualification of candidate selected — Committee cannot be allowed to contend that candidate selected did not posses requisite qualifications — Writ petitioner was not found fit and hence not included in ranked list by P.S.C. — Hence he can not challenge ranked list published by P.S.C. — No reason to interfere with selection of respondent to post. AIR 1994 SC 495, Disting. (Paras101112).....