The petitioner is aggrieved with Exhibit P7, issued by the Joint Registrar, directing production of an equivalency certificate from any of the Universities in Kerala, for the purpose of recognising the B.Com degree obtained by the petitioner from Periyar University at Salem, Tamil Nadu. 2. The petitioner, who joined the service of the 1st respondent-Bank as Attender, had a matriculation qualification and later acquired Junior Diploma in Co-operation [JDC], upon which the petitioner was promoted as Junior Clerk on 01.01.1989. The subsequent promotions, of Senior Clerk and Accountant, were also approved. However, for promotion to the post of Branch Manager, the petitioner had to have a graduation, which was exempted as per a valid resolution [Exhibit P1] passed by the Bank.
3. The petitioner, while continuing as Branch Manager, obtained graduation. The petitioner was promoted as Secretary on 01.05.2011, as, the petitioner obtained a degree, evidenced by WP(C).No.24713 of 2014 - 2 -
Exhibit P2 provisional certificate dated 28.12.2012. The degree examination, even as per Exhibit P2, was held in December/January, 2011 and, hence, the petitioner is deemed to have acquired the degree even before the promotion to the post of Secretary. The application made by the respondent-Bank for approval of the petitioner's promotion was declined as per Exhibit P7 on the ground that an equivalency certificate has to be produced.
4. The learned counsel appearing for the petitioner contends that Rule 186 of the Kerala Co-operative Societies Rules, 1969 speaks of a degree from a “recognised University” and not an “equivalency certificate” from any of the Universities in Kerala or a recognition by such Universities. The above position has been declared by Exhibits P13 and P14 judgments too. Exhibit P12 is the list of Universities recognised by the University Grants Commission, in which item No.502 “Periyar University, Salem” is indicated. The petitioner also relies on Exhibit P10 certificate issued by the University of Kerala with respect to B.Com degree of the Periyar University, which, even according to the University of Kerala, is recognised as equivalent to the B.Com degree of the University of WP(C).No.24713 of 2014 - 3 -
Kerala. True, Exhibit P10 is issued with respect to another society; but the same would be definitely applicable to the petitioner also, since the petitioner has obtained an identical degree from the very same University as indicated in Exhibit P10.
5. For all the above reasons, Exhibit P7 is set aside. It is declared that there is no requirement for an equivalency certificate from any of the Universities in Kerala. The petitioner's graduation is found to be in accordance with Rule 186 of the KCS Rules and issued by a “recognised University” as understood from the words employed in that Rule. The Joint Registrar of Co-operative Societies is directed to grant approval for the promotion of the petitioner to the post of Secretary within a period of one month from today. It is also made clear that the approval so granted shall relate back to the date on which the petitioner was promoted and on which date the petitioner had a valid degree obtained from the recognised University.
Writ petition is allowed. No costs.
vku/-
Sd/- K.Vinod Chandran Judge ( true copy )