BENNY T.D. AND ORS. ETC. ETC. versus REGISTRAR CO-OPERATIVE SOCIETIES AND ANR. ETC. ETC.

Citation: [1998] 3 S.C.R. 147 · Decided: 04-05-1998 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Disposed off

Judgment (excerpt)

BENNY T.D. AND ORS. ETC. ETC. 
A 
v. 
REGISTRAR CO-OPERATIVE SOCIETIES AND ANR. ETC. ETC. 
MAY 4, 1998 
[S. SAGHIR AHMAD AND G.B. PATTANAIK, JJ.] 
B 
Service Law : 
Kera/a Co-operative Societies Act, I 969/Kera/a Co-operative Societies 
Rules, 1969. 
C 
S.80 (4)/Rules 176, 186 and 187-Trissur Bank. Kera/a and District 
Co-operative Bank Kottayam-C/erks-Appointment of-Appointment 
rescinded by Registrar, Co-operative Societies holding that the same were 
made in violation of s.80(4) and R.187-Held, Order of Registrar is 
unsustainable-Jn view of fresh advertisement issued to fill up remaining D 
vacancies reserved for SC/ST candidates, s.80(4) was not violated-Nor was 
~ 
there any provision for providing lower cut-off marks for SC/ST candidates-
Rules do not provide for reserving 50% posts for in-service candidates-Non-
supply of copy of Report of Commission regarding alleged irregularities in 
appointment to the Bank and affected parties would tantamount to violation E 
of principles of natural justice-Orders of Registrar, Co-operative Societies 
rescinding the appointments quashed-Administrative Law-Principles of 
natural justice. 
Resolutions passed by Trissur Bank, Kerala and District Co-operative 
Bank, Kottayam, appointing clerks in the respective Banks were rescinded F 
by the Registrar, Co-operative Societies in exercise of power under s.176 of 
the Kerala Co-operative Societies Rules, 1969, on the grounds, inter alia, . 
of violation of the provisions of s.80( 4) of the Kera la Co-operative Societies 
Act, 1969 and Rule 187 of the Rules. 
The Registrar held that Trissur Bank appointed staff in excess of the 
strength approved inasmu'l:h, as 85 vacancies were advertised whereas 
resolution was passed for appointment of 116 persons; that since the Bank 
had not specified in the advertisement that 50% of the vacancies would be 
reserved for candidates from the employees for the affiliated primary societies, 
G 
the same amounted to violation of statutory provisions; that the Bank appointed H 
147 
148 
SUPREME COURT REPORTS 
(1998] 3 S.C.R. 
A only 5 persons from Scheduled Caste/Scheduled Tribes Category whereas 
keeping in view the total appointed being 116, 11 such candidates ought to 
have been appointed that the Bank committed error in not giving lower cut-
off marks for the reserved category candidates to ensure their representation 
as contemplated under s.80(4) of the Act, and that appointments were in 
B 
violation of Rule 187 inasmuch as 50% of the vacancies were to be reserved 
for in-service candidates serving in different primary societies but only 24 
of them got appointed as against 87 general category candidates. 
In the writ petitions challenging the order of Registrar, Co-operative 
Societies Single Judge held that non-providing of lesser cut-off marks for 
C Scheduled Castes/Scheduled Tribes candidates was arbitrary; and that under 
Rule 187, 50% of the vacancies had to be filled up by candidates possessing 
the additional qualification i.e., experience of having worked in primary 
societies which were members l'f the Apex Society, and therefore, 50% of 
the vacancies was the quota meant for candidates working in the primary 
societies. On appeal, the Division Bench of the High Court affirmed findings 
D of the Registrar, Co-operative Societies and of the Learned Single Judge of 
Question of High Court on the infraction of s.80(4) of the Act and Rule 187 
1 
of the Rules but held that since the selection was not tainted with any 
illegality, the first 24 candidates in the general quota, 24 candidates from 
the member societies and 5 candidates from the list of Scheduled Castes/ 
E Scheduled Tribes candidates be retained in service. The order of the Registrar 
annulling the appointment of rest of the candidates was affirmed. Aggrieved, 
the general category candidates, whose appointments stood annulled filed C. 
As No. 2554-2556 of 1998 and The State of Kerala filed C. As No. 2559-
2563 of 1998. 
F 
As regards the appointments made by the District Co-operative Bank, 
Kottayam, the Registrar held that there was, like the Trissur Bank, violation 
of Section 80 (4) of the Act and Rule 187 of the Rules. In addition, he also 
held that the entire selection of candidates was vitiated by non-compliance 
of statutory provisions and large scale tampering of answer papers and 
G marks list in the written test as was apparent from the report of Kerala 
Public Men's (Corruption, Investigation and Enquiries

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