JUDGMENT
K.S. Radhakrishnan, J.
1. This Court in Sabu Kurian v. Meenachil East Urban Co-operative Bank Ltd., 1999 (2) KLT 180 had declared that all Primary Agriculatural Credit Societies, Primary Credit Societies, Urban Co-operative Banks, Primary Co-operative Agricultural and Rural Development Banks etc. Which are engaged in banking business would effect appointments only through the employment exchanges till a Co-operative Service Recruitment Board, as provided by the Kerala Co-operative Societies (amendment) Bill, 1999 is constituted. It was ordered Registrar would also permit the societies to effect appointments through written test conducted by Institute of Management or other reputed Government Agencies, if situation warranted till a Co-operative Service Recruitment Board is constituted. Registrar was also directed to issue a circular to the above effect. Registrar of Co-operative Societies then issued circular No. 18/99 dated 3.5.1999 stating that till Co-operative Service Recruitment Board is constituted appointment in Primary Credit Co-operative Societies would be effected only on provisional basis through the concerned employment exchange. In case of urgency it was ordered that appointments would be effected after obtaining necessary permission from the Registrar through Institute of Management or other reputed organisation.
2. The Kerala Co-operative Societies Act was then amended by Act 6 of 1995 and Sub-section 3A was added to s.80 o the Co-operative Societies Act which reads as follows:
“3A. Notwithstanding anything contained in this Act or the rules made or orders issued thereunder or in the bye-laws of any society relating to the recruitment and conditions of service of officers and servants of societies, all appointments of officers and servants of the societies mentioned in the Schedule for which direct recruitment is resorted to shall be made from a select list of candidates furnished by the Kerala Public Service Commission.”
A new Section 80B was also inserted to Co-operative Societies Act by Act 1 of 2000 which reads as follows:
“80B. Co-operative Service Examination Board-
(1) Notwithstanding anything contained in this Act or the rules or in the bye-laws of any society relating to the recruitment of officers and servants thereof the Government shall, by notification in the Gazette constitute a Co-operative Service Examination Board for the conduct of written examination for all direct recruitment to posts of and above the category of Junior Clerks in the Primary Agricultural Credit Societies, Primary Credit Societies, Urban Co-operative Banks and Primary Agricultural and Rural Development Banks in the State.
(2) The Examination Board shall consist of not more than three members and the term of the Board shall be five years. The powers and functions and other conditions of appointment of the members of the Board and the procedures to be followed by the Board for the conduct of examination and the preparation of list of candidates to be interviewed for appointment shall be such as may be prescribed.
(3) All appointments shall be made by the committee concerned from the list of candidates after conducting an interview of the candidates and making a select list therefrom in such manner as may be prescribed.
(4) Notwithstanding anything contained in Sub-section (3A) of S.80 and in Sub-section (1) of this section, the committee of a society may, with the prior approval of the Registrar, appoint persons who are professionally or technically qualified or persons with experience and expertise to posts requiring such technical or professional qualifications on contract basis or by the method of deputation for such period but not exceeding five years as may be specified.”
The above provision came into force with effect from 25.1.2001 by S.R.O. 89/2001 published in Kerala Gazette No. 46 dated 29.1.2001. The above mentioned provision empowers the government to constitute a Co-operative Service Examination Board for the conduct of written examination for all direct recruitments to posts of and above the category of Junior Clerks in the Primary Agricultural Credit Societies, Primary Credit Societies, Urban Co-operative Banks and Primary Agricultural and Rural Development Banks in the State. In exercise of the powers conferred under Section 80B the Government has already constituted the Co-operative Service Examination Board vide S.R.O.No. 88/2001 having 3 persons, one Chairman, one member and a member secretary.
3. In tune with the above mentioned statutory provision necessary provisions were inserted to Rule 182 of the Co-operative Societies Rules vide S.R.O. No. 380/2000 published in Kerala Gazette Extra-ordinary No. 45 dated 2.5.2.000. Those provisions came into effect with effect from 2.5.2000. It will be appropriate to extract those provisions for easy reference:
“182. Classification under Section 80(1)-
(1) For the purpose of Sub-section (1) of S.80, the societies in the State shall be classified as shown in Appendix III:
Provided that the Government may on their own motion or otherwise, after consolation with the Registrar, revise such classification once in every three years.
(2)The Committee shall be the authority competent to appoint employees in a Co-operative Society.
(3) In respect of societies covered by Sub-section (3A) of Section 80 of the Act, the committee shall appoint the employees from the select list of candidates furnished by the Kerala Public Service Commission.
(4) In respect of recruitment to societies covered by Section 80B of the Act, the following procedure shall be followed:-
(i) The application for appointment shall be invited by the society concerned by notification in two vernacular language dailies. The details of number of vacancies, the qualifications required for the post; age, reservation if any, the mode of application, the method of appointment and other required details etc. Shall be included in the notification. The society shall process the applications and furnish the list of candidates to the Co-operative Service Examination Board for conducting the written examination. Copy of the notification shall also be published in the head office of the society. The society may collect application fee along with the application at the rates as fixed by Registrar from time to time.
(ii) The examination Board shall conduct the written examination of the candidates and furnish a list of eligible candidates to be interviewed to the committee of the society within a period of three months from the date of requisition by the society. The list so furnished shall not contain the mark secured by the candidates;
(iii) The maximum marks for written examination shall be 80 and those who secure 30% of the marks shall only be eligible to be included in the list for interview;
(iv)The maximum marks for interview shall be 20;
(v) One receipt of the list from the Examination Board, the committee shall conduct interview of the candidates and return the list of the Examination Board noting the marks secured by each candidates, in the interview within a period of two weeks;
(vi) On receipt of the list from the society, the Examination Board shall note down the marks secured by each of the candidate in written examination and return consolidated list with the total marks obtained by each candidate. This shall be done within a period of one week.
(vii) One the basis of the consolidated list so received from the Examination Board, the Committee shall prepare rank list of candidates and publish the same in the notice board of the society. The list shall be valid for a period of two years from the date of publication.
(viii) All appointments to the vacancies shall be made by the committee from the select list so published:
(ix) All expenses for conducting the written examination shall be borne by the society concerned which shall be remitted to the Examination Board on requisition.
(x) All expenses for conducting the written examination shall be borne by the society concerned which shall be remitted to the Examination Board on requisition.
(5) In respect of societies and posts not covered by Section 80(3)(a) and Section 80B of the Act, the appointments shall be made by the committee after conducting the written examination and interview as per the guideline issued by the Registrar.”
The above mentioned provision stipulates that the written examination has to be conducted by the Co-operative Service Examination Board. After conduct of the written examination the Board shall furnish a list of eligible candidates to be interviewed to the committee of the society within a period of three months from the date of requisition by the society. The list so furnished shall not contain the mark secured by the candidates. It was also provided therein that the maximum marks for written examination shall be 80 and those who secure 30# of the marks shall only be eligible to be included in the list for interview. Maximum marks for interview was fixed as 20. Further it is stated that on receipt of the list from the Examination Board, the committee shall conduct interview of the candidates and return the list to the Examination Board noting the marks secured by each candidates in the interview within a period of two weeks. One receipt of the list from the society, the Examination Board shall note down the marks secured by each of the candidates in written examination and return consolidated list with the total marks obtained by each candidates. The same has to be done within a period of one week. One the basis of the consolidated list so received from the Examination Board, the committee shall prepare rank list of candidates and publish the same in the notice board of the society. The list shall be valid for a period of two years from the date of publication. All appointments to the vacancies shall be made by the committee from the select list so published. Above mentioned statutory provision would show that the appointments have to be effected by the society itself, but only after undergoing the statutory formalities.
4. Rule 182A was also inserted by S.R.O. 380/2000 published in the Kerala Gazette Extra-ordinary No. 45 dated 2.5.2000 which came into effect on 2.5.2000. The powers and functions of the Co-operative Service Examination Board have been enumerated in the said rule. Terms and conditions of appointment of the members of the Co-operative Service Examination Board are also enumerated in Rule 182B. It is on the has is of the above mentioned statutory provisions appointments are to be made by various primary Agricultural Credit Societies, Primary Credit Societies, Urban Co-operative Banks etc.
5. In the instant case the Bank invited applications for appointment to the post of Junior Clerks and Peons. Going by the above Rules, Recruitment Board could effect appointments only to the post of and above the category of Junior Clerks. As far as post of Peon is concerned the same has not been left to the Recruitment Board and consequently it is open to the society to effect appointments without addressing the Recruitment Board.
6. Learned Single Judge however has taken the view that for effecting appointments to the post of Junior Clerks, Peons etc. interview is to be conducted by the Recruitment Board and not by the society. We find it difficult to accept the said reasoning of the learned single Judge. Appointments in Co-operative Societies are to be made by the societies themselves. Eventhough a Co-operative Service Recruitment Board is constituted the appointing authority is the Co-operative Society. Section 80B(3) states that all appointments shall be made by the committee concerned from the list of candidates after conducting an interview of the candidates and making a select list therefrom in such manner as may be prescribed. We have already pointed out Rule 182 stipulates that maximum marks for written examination is 80 and that of the interview is 20. interview is necessarily to be conducted by the society for which a marks of 20 could be awarded. After conducting the interview by the Society they have to forward list of candidates with the marks obtained to the Recruitment Board. The recruitment Board then note down the marks secured by the each of the candidate in written test and interview and return the consolidated list with the total marks obtained by each candidate. One the basis of this consolidated list the committee would prepare the rank list and publish the same in the notice board.
7. The conduct of interview is not a formality. That is the first and last occasion, an employer would get to know, the temperament, attitude, behaviour of its prospective employee before actual appointment. If this process is left to another body, then the employee would be a total stranger to the employer and would know him only he/she takes charge. We cannot therefore subscribe to the view of the learned single Judge that interview also would be conducted by the Recruitment Board. The finding of the learned single Judge that interview is not to be conducted by the society is set aside. W.A. 2735/2001 is allowed to the above extent. W.A. 340/2001 is filed against the dismissal of R.P.411/2000. In view of judgment in W.A. 2735/2000, W.A. 340/2001 has become infructuous and the same is accordingly dismissed.