IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2866 of 2008(N)
1. P. ANITHAKUMARI,
... Petitioner
Vs
1. GOVERNMENT OF KERALA,
... Respondent
2. JOINT REGISTRAR OF CO-OPERATIVE
3. CALICUT NORTH SERVICE CO-OPERATIVE BANK
4. M. SUMATHI,
For Petitioner :SRI.P.N.MOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :24/01/2008
O R D E R
THOTTATHIL.B.RADHAKRISHNAN, J.
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W.P(c)No.2866 OF 2008
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Dated this the 24th day of January, 2008
JUDGMENT
Having heard the learned counsel for the petitioner, I am not
persuaded to act on any of the proceedings shown on record,
either as orders of the Government or as decisions of the
Registrar. However Ext.P1 request of the society is stated to have
been placed before the appropriate authority. In Ext.P5 judgment
I have clearly held that while the power to grant relaxation may
be with the Registrar, the power of exemption is with the
Government and that the power of exemption can be exercised
only in favour of the institution as a whole. The power of
relaxation from qualification is to be considered on individual
basis, subject to satisfaction of the conditions imposed by the
legislature.
In the aforesaid circumstances, without expressing
anything on merits as regards the request in Ext.P1, this writ
petition is disposed of directing that the competent authority will
take up Ext.P1 and render a decision thereon in accordance with
WPC.No.12866/08 2
law. The employer society and the petitioner, if she desires will be
given an opportunity of pre-decisional hearing in the matter. All
other questions are left open. Any dispute between the
petitioner and the fourth respondent relating to promotion is a
matter that would fall for arbitration. Hence no directions are
issued herein regarding that.
THOTTATHIL.B.RADHAKRISHNAN
JUDGE
sv.