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Basetti v/s The Mamber Secretary and Chief executive officer Committee for Appointment

    WP No. 101901 of 2017 (GM-RES)

    Decided On, 12 April 2017

    At, High Court of Karnataka Circuit Bench At Dharwad

    By, THE HONOURABLE MR. JUSTICE B. SREENIVASE GOWDA

    For the Petitioner: Shivanagol Veerabhadra, Advocate. For the Respondent: R.D. Desai, Manjunath Karigannavar, Advocates.




Judgment Text

(Prayer: This Writ Petition is Filed Under Articles 226 & 227 of Constitution of India Praying to Quash The Impugned Notification Bearing, No: Adalita/Sibbandi/Nemakati/4510/2016, Bagalkot, Dated:16.12.2016, Produced At Annexure-F Etc.,)

1. Heard Sri. Shivanagol Veerabhadra, the learned counsel for the petitioner and Sri. R.D.Desai and Sri. Manjunath Karigannavar, learned counsel for respondent. Perused the writ petition and Annexures produced along with writ petition and the statement of objections filed on behalf of the respondent and Annexures produced along with the statement of objections.

2. The case of the petitioner is, the respondent - Bank which on earlier occasions provided opportunities to B.A. graduates to apply for the post of Clerk, under the present Notification dt. 16-12-2016 produced at Annexure-F, has denied them an opportunity of applying to the said post. However, the petitioner having acquired B.A. degree from the Karnataka Un

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versity at Dharwad as external candidate and eligible to apply for the post of Clerk as per Rule 17(2)(B)(ii) of the Karnataka Co-operative Rules (hereinafter referred to as Rules) has applied for the post.3. The grievance of the petitioner is, respondent - Bank has committed an error in rejecting the application submitted by the petitioner for the post of clerk on the ground that as per the educational qualification prescribed under the Notification - Annexure `F', petitioner is not eligible to apply for the said post.4. The learned Counsel for the petitioner submits, the Notification - Annexure `F' is not only contrary to Rule 17(2)(B)(ii) of the Rules, it also amounts to discrimination and opposed to the principles of natural justice and therefore is not sustainable in law, and hence he prays for allowing the writ petition by quashing the impugned Notification - Annexure `F'.5. The learned counsel for the respondent - Bank submits, the petitioner being a B.A. graduate with 48% of marks was not eligible to apply for the post of clerk as per the educational qualification prescribed under the Notification - Annexure `F' and therefore the applications submitted by the petitioner and others who did not possess the requisite educational qualification as prescribed under the Notification - Annexure `F' were rejected. He submits, the case of the petitioner is covered by several judgments of this Court against him, as such, there is no merit in the case of the petitioner and therefore he prays for dismissal of the writ petition.6. As could be gathered from the pleadings of the parties, the Bagalkot District Central Co-operative Bank Ltd., Bagalkot, is a Bank established under the provisions of the Karnataka Co-operative Societies Act and Rules thereto. Hence, the functions and business of the Bank are governed by the said provisions of law.7. Rule 17 of the Karnataka Co-operative Societies Rules, which is relevant for the purpose of the case reads as under :"17. Officers and employees of Co- operative Societies, qualification, etc.:(1) xxxxxxx(2) No person shall be eligible for appointment to the posts mentioned below unless he possesses the qualification specified against them.(A). Chief Executive Secretary, Assistant Secretary or Manager. - (i) A degree or post- graduate degree in Co-operation of any recognized University; or(ii) Any degree (other than degree or post-graduate degree in co-operation) of any recognised University:Provided that preference shall be given to persons possessing higher Diploma in Co-operative Management is available, Diploma in Co-operation of an institute of Co-operative Management or a Co-operative training centre shall be considered.(B) Accountants, Clerks, Ledger-keepers, Sales clerks and Shroffs -(i) A degree or post-graduate degree in co-operation or any other degree of a University established by Law in India; or(ii) S.S.L.C. and a pass in examination in Book-keeping, Banking, Co-operation and Auditing held by Government or examinations conducted by the Regional Co-operative Schools or P.U.C., Diploma in co-operation awarded by the State Council for Vocational Education in Karnataka."8. In the instant case, we are concerned with the recruitment to the post of clerk, for which petitioner has applied for.9. As per Rule 17(2)(B)(i) and 17(2)(B)(ii) of the Rules, no person shall be eligible for appointment to the post of clerk unless he possesses a degree or post graduate degree in Co-operation or any other degree of a University established by law in India, or S.S.L.C. and a pass in examination in Book-keeping, Banking, Co- operation and Auditing held by Government or examinations conducted by the Regional Co-operative Schools or P.U.C., Diploma in co-operation awarded by the State Council for Vocational Education in Karnataka.10. It is the contention of the petitioner that since he has possessed B.A. degree from Karnataka open University, Dharwad is eligible to apply for the post of Clerk as per Rule 17(2)(B)(i) of the Rules.11. Neither it is the case of the petitioner that he possesses a degree or post-graduate degree in Co- operation, nor it is his case that he has got the qualification of SSLC and a pass in examination in Book-keeping, Banking, Co-operation and Auditing held by Government or examinations conducted by the Regional Co-operative schools or PUC, Diploma in Co- operation, awarded by the State Council for Vocational Education in Karnataka. Therefore, we have to examine whether B.A. degree possessed by the petitioner from the Karnataka University, as external candidate, would satisfy the qualification prescribed under Rule 17(2)(B)(i) of the Rules that `any other degree of a University established by law in India'. A person to be eligible to apply for the post must possess a degree of a University established by law in India. Therefore, qualification `a degree' has to be understood that minimum qualification prescribed is a degree. Then the question would be, what kind of degree a person should possess to be eligible to apply for the post, and that depends upon the nature of employment to which an employer intends to recruit. Therefore, Rule 17(2)(B)(i) of the Rules empowers the employer to prescribe what kind of degree an applicant has to possess to be eligible to apply for the post. As such, it is not obligatory for an employer to provide provision to any or every graduate of a University established by law in India to apply for the aforesaid post. It is well settled principles that it is for the employer to prescribe the qualifications for the post to which he wants to recruit, depending upon the nature of job, as has been held by this Court in W.P. Nos. 19930-938/2004 disposed of on 16-07-2004 (Basavaraj Shivaputrappa Ashi & Ors. v. The Managing Director and Member Secretary and Ors.) and in W.P.Nos.104721-104725/2016 disposed of on 16-12- 2016 (Sri. Adiveppa and Ors. v. The State of Karnataka and Ors.).12. Under the notification - Annexure `F', it is not only B.A. graduates who are excluded from applying for the post of Accountants, Clerks, Ledger-keepers, Sales-clerks and Shroffs. Even other graduates other than the graduates of B.Com., B.Sc., BCA and BBM are also excluded from applying for the aforesaid posts.13. Admittedly, petitioner has obtained B.A. degree from the Karnataka University at Dharwad, as external candidate, as could be seen from III year B.A. marks card produced at Annexure `E'.14. In the instant case, it is unnecessary to examine as to whether B.A. degree obtained by the petitioner from the Karnataka University at Dharwad, as external candidate is equivalent to that of a B.A. degree obtained by a regular candidate by attending classes, for two reasons. Firstly, B.A. is not one of the degrees prescribed under the Notification - Annexure `F'. It is only those persons who possess degree from a university established by law in India, in B.Com., B.Sc., BBA, BCA and BBM with minimum marks of 60% in case of general candidates and 55% in case of SC/ST candidates with knowledge in computers are eligible to apply. Persons who have obtained a degree or post graduate Diploma in Co-operation are given preference.15. Secondly, assuming graduates with B.A. degree had also been permitted by the Bank to apply for the aforesaid post, even then petitioner was not eligible to apply, as marks secured by him in B.A. degree is less than the cut of marks prescribed under the Notification.16. The respondent is a Bank in the field of co- operation and it deals with loan transactions of its customers. It is difficult for persons who do not possess knowledge in the field of maths, commerce and accountancy, to discharge the functions attached to the posts of Accountant, Clerks, Ledger-keepers, Sales- clerks and Shroffs effectively and it is easier for the persons who have possessed degree in B.Com., BBM, BBA, and B.Sc. to discharge the functions attached to the posts, as they study maths, commerce and accountancy as their main/major subjects while doing the said courses. It is in this background, the Bank within its domain, has taken decision to restrict the eligibility to apply for the aforesaid posts only for those persons who have obtained degree in B.Com., BBM, BBA and B.Sc. Admittedly, petitioner has not possessed degree in B.Com., BBM, BBA and B.Sc. or Co-operation or post graduate Diploma in Co-operation and he is only a B.A. graduate with less percentage of marks i.e. 48%. As such, there is no merit in the petition.Accordingly, writ petition is dismissed as devoid of merit.
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