2025:KER:30669 WP(C) NO. 2293 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 2293 OF 2024 PETITIONER/S: SREEJA S AGED 43 YEARS W/O P.N.AJITH KUMAR, RESIDING AT ARAPURAYIL HOUSE, PAKALOOR, PALLICHAL P.O., THIRUVANANTHAPURAM, PIN - 695020 BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) A.L.NAVANEETH KRISHNAN ANSHIN K.K RESPONDENT/S: 1 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN, 8TH FLOOR, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014 2 KALLIYOOR SERVICE CO-OPERATIVE BANK LTD NO.1243 HEAD OFFICE KALLIYOOR, KALLIYOOR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695042 3 SMT. SARITHA T.K. ., RESIDING AT OLIPPUVILLA PUTHEN VEEDU, POONKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695522 4 SMT. PRIYA U RESIDING AT VALIYA THETTIVILLA THEKKARIKKU VEEDU, PERINGAMALA, KALLIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695042 2025:KER:30669 WP(C) NO. 2293 OF 2024 2 5 SMT. SUNITHA KUMARI S. RESIDING AT VRINDAVANAM, VALANVILLA, SANTHIPURAM, MULLOOR P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695521 BY ADVS. SUMAN CHAKRAVARTHY KISHORE D K.R.RIJA(R-781) BREJITHA UNNIKRISHNAN(K/826/2007) SUDEESH K.E.(K/1950/2023) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30669 WP(C) NO. 2293 OF 2024 3 JUDGMENT The petitioner, who was a candidate to be appointed as an appraiser in the 2nd respondent, a Co-operative Bank, where the State Government does not have any shareholding and pervasive control over the day-to-day functioning of the Bank, has filed this writ petition alleging that only two posts were notified, but five persons have been appointed. 2.The writ petition against the Co-operative Society would not be maintainable where the State Government does not have any pervasive control or shareholding, as the Co-operative Society is not an instrumentality of the State under Article 12 of the Constitution of India. In view thereof, the present writ petition is dismissed. However, it is left open to the petitioner to take recourse to the remedy as may be available to him under the Kerala Co-operative Societies Act, 1969, and Rules made thereunder. Sd/- D. K. SINGH JUDGE SJ 2025:KER:30669 WP(C) NO. 2293 OF 2024 4 APPENDIX OF WP(C) 2293/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE NOTIFICATION DATED 29.02.2020 AND PUBLISHED IN ONE OF THE VERNACULAR DAILY ‘DESHABHIMANI DAILY’ ON 01.03.2020 IS PRODUCED Exhibit-P2 TRUE COPY OF THE INTERVIEW LETTER DATED 04.01.2021 ISSUED BY THE SECRETARY OF THE 2ND RESPONDENT BANK TO THE PETITIONER Exhibit-P3 TRUE COPY OF THE RANKED LIST DATED 14.01.2021 TO THE POST OF APPRAISER IN THE 2ND RESPONDENT BANK Exhibit-P4 TRUE COPY OF THE FEEDER CATEGORY RULES OF THE 2ND RESPONDENT BANK APPROVED BY THE 1ST RESPONDENT ALONG WITH COVERING LETTER NO. C.R.P.(1)1186/16/K.DIS DATED 03.03.2016 Exhibit-P5 TRUE COPY OF THE COMMUNICATION NO. JRGTVM/726/23- CRP(1) DATED 12.12.2023 ISSUED BY THE 1ST RESPONDENT Exhibit-P6 TRUE COPY OF THE JUDGMENT DATED 11.02.2022 IN W.P(C) NO. 3517 OF 2022 PASSED BY THIS COURT RESPONDENT EXHIBITS Exhibit R3(a) True copy of the Appointment Order dated 5.7.2021 issued by the Secretary of the 2nd respondent Bank to the 3rd respondent Exhibit R3(b) True copy of the Appointment Order dated 5.7.2021 issued by the Secretary of the 2nd respondent Bank to the 4th respondent Exhibit R3(c) True copy of the Order dated 17.8.2022 issued by the Secretary of the 2nd respondent Bank to the 3rd respondent Exhibit R3(d) True copy of the Order dated 17.8.2022 issued by the Secretary of the 2nd respondent Bank to the 4th respondent 2025:KER:30669 WP(C) NO. 2293 OF 2024 5 Exhibit R3(e) True copy of the Appointment Order dated 16.9.2022 issued by the Secretary of the 2nd respondent Bank to the 5th respondent Exhibit-R2(a) A true copy of the relevant extract of the decision No.37/9 dated 15.01.2021 by the Board of Directors of the 2nd respondent Exhibit-R2(b) A true copy of the relevant extract of the decision No.37/12 dated 15.01.2021 by the Board of Directors of the 2nd respondent Exhibit-R2(c) A true copy of the relevant extract of the decision No.42/13 of the Director Board dated 09.06.2021 Exhibit-R2(d) A true copy of the relevant extract of decision No.43/6 dated 02.07.2021 by the Board of Directors of the 2nd respondent Exhibit-R2(j) A true copy of the relevant extract of the decision No.l2/26 dated 13.10.2023 Exhibit-R2(f) A true copy of the relevant extract of decision No.65/21 dated 16.08.2022 by the Board of Directors of the 2nd respondent Exhibit-R2(g) A true copy of the relevant extract of decision No.65/54 dated 16.08.2022 by the Board of Directors of the 2nd respondent Exhibit-R2(h) A true copy of the relevant extract of decision No.65/22 dated 16.08.2022 by the Board of Directors of the 2nd respondent Exhibit-R2(i) A true copy of the relevant extract of decision No.67/7 dated 16.09.2022 by the Board of Directors of the 2nd respondent Exhibit-R2(e) A true copy of the relevant extract of decision No.65/53 dated 16.08.2022 by the Board of Directors of the 2nd respondent