1. The petitioner is aggrieved with Exhibits P4 & P8, issued by the Secretary of the first respondent, directing production of an equivalency certificate, from any of the Universities in Kerala, for the purpose of recognising the B.A. degree in History obtained by the petitioner from Manonmaniam Sundaranar University at Thirunelveli in Tamil Nadu.
2. The petitioner, who joined the service of the 1st respondent-Bank as Junior Clerk, had a matriculation qualification and Junior Diploma in Co-operation [JDC], upon which the petitioner was promoted as Senior Clerk on 1.5.2005. The subsequent promotion, as per feeder category rules, is to the post of Branch Manager. However, for promotion to the post of Branch Manager, the petitioner had to have a graduation, which was exempted as per a valid resolution passed by the Bank.
3. The petitioner, while continuing as Branch Manager in-charge since 2009, obtained graduation. He contacted the first respondent Bank to enter his degree certificate in the service book for the purpose of promotion. But the respondent bank declined to enter the same and directed to produce equivalency certificate. Challenging the same, the petitioner filed a writ petition, W.P.(C)No.12965/14, which was dismissed by Ext.P7.
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 P9 and P11 judgments too. Exhibit P2 is the list of Universities recognised by the University Grants Commission, in which item No.160 “Manonmaniam Sundaranar University, Thirunelveli” is indicated. The petitioner also relies on Exhibit P3 certificate issued by the Manonmaniam Sundaranar University, Thirunelveli, which, even according to the University of Kerala, is recognised as equivalent to the B.A. Degree of the University of Kerala.
5. For all the above reasons, Exhibits P4 and P8 are 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 Branch Manager 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, whichever is later.
Writ petition is allowed. No costs.
K. Vinod Chandran, Judge.
sl.