Employees in lower categories may sit for statutory qualifying examinations despite not currently being in the feeder category.

The appellant, a Senior Clerk at the Bharananganam Service Co-operative Bank, sought to appear for the qualifying examination for the post of Assistant Secretary/Manager as per a notification (Ext.P4) issued by the 1st respondent Board

The Board stipulated that only employees already in the "feeder category" for the post could apply.

The appellant was not in the feeder category (the post of Accountant) at the time, but the only person in that category was unqualified due to lack of graduation.

The appellant argued that she was eligible to sit for the exam to acquire the necessary qualification for future promotion.

A Single Judge upheld the Board’s restrictive stipulation, leading to this appeal.

Under a previous interim order dated 17.12.2021, the appellant was permitted to take the exam provisionally and was successful.

1. Whether the Co-operative Service Examination Board can validly restrict the statutory qualifying examination only to candidates currently in the feeder category

2. Whether an employee in a lower post is entitled to clear the qualifying examination even if they have not yet reached the feeder category

Rule 185(5) of the Kerala Co-operative Societies Rules, which governs the conduct of qualifying examinations for promotion

Proviso to Rule 185(1) of the Kerala Co-operative Societies Rules, which mandates that when no qualified persons are available in the feeder category, persons with essential qualifications in the next lower post can be considered for promotion

The Court reasoned that there is no mandate within the Kerala Co-operative Societies Rules restricting the qualifying examination exclusively to candidates already within the feeder category.

The Court found the Board's exclusion of the appellant to be unjustified because an employee is entitled to clear qualifying exams in anticipation of future eligibility for promotion.

Specifically, since the proviso to Rule 185(1) allows for the consideration of lower-category employees when the feeder category lacks qualified candidates, the Board's restrictive interpretation in Ext.P4 was deemed illegal and unnecessary.

The Court noted that the appellant had already passed the examination under an interim direction, validating her claim to eligibility.

The Court set aside the judgment of the Single Judge and confirmed the interim order allowing the appellant to appear for the examination.

It was ordered that all consequential benefits and further proceedings in favor of the appellant be allowed as per law.