The questions involved in this Writ Petition are: (1) Whether the Lok Ayukta and the Upa Lok Ayukta appointed under the Kerala Lok Ayukta Act, 1999 have jurisdiction to allow amendment of a complaint or an application; and (2) Whether the Lok Ayukta and the Upa Lok Ayukta have power to invoke Rule 8 of Order I of the Code of Civil Procedure and permit a representative action being taken, empowering one or more parties in the complaint to defend the complaint in a representative capacity on behalf of others who are not parties to the proceedings.

2. The writ petitioners are not parties to the proceedings before the Lok Ayukta. Their grievance is against Exts.P3 and P5 orders passed by the Upa Lok Ayukta. As per Ext.P5 order dated 4th July, 2008, the Upa Lok Ayukta impleaded additional respondents 4 and 5 (respondents 5 and 6 in the Writ Petition) in a representative capacity representing similarly situated persons. By the same order, the Upa Lok Ayukta directed the complainant (respondent No.4 in he Writ Petition) to make a publication to that effect in a leading Malayalam daily requesting such persons who are not made parties to "offer their comments". It was also held in Ext.P5 that similarly placed persons can also take part in the proceedings. Ext.P3 order dated 18th July, 2008 was passed by the Upa Lok Ayukta allowing the application for amendment of the complaint.

3. In the proceedings before the Lok Ayukta, the Vice Chancellor, the Registrar and the Pro-Vice Chancellor of the University of Kerala are respondents 1 to 3. The complaint was filed alleging large scale irregularities and corrupt practices in the final selection of the candidates for the post of Assistant Grade II in the University of Kerala. It was alleged that the respondents in the complaint had indulged in unfair and corrupt practices by manipulating the marks obtained by certain candidates in the written examination to ensure that those candidates are included in the final select list. The complaint would disclose that the University of Kerala issued a notification inviting applications for the post of Assistant Grade II in March, 2005. Nearly 50,000 candidates applied and appeared for the written test conducted in July, 2005. Till September, 2007, the results were not published by the University, though the valuation conducted by the outside agency was over by October, 2005. The results were published in September, 2007. A Selection Committee was constituted consisting of the Vice Chancellor as the Chairman and four members of the Syndicate as members. The Registrar of the University acted as the Secretary of the Selection Committee. 2114 candidates were called for interview. The interview was conducted during the period from October 2007 to February 2008. The University published a final rank list of selected candidates consisting of 1401 candidates and a supplementary list of 24 candidates. It is alleged that for including the favoured candidates in the top 160 ranks, the marks in the written examination were manipulated. The reliefs prayed for in the complaint originally were the following:

1) To direct the respondents to produce the original mark sheets of the candidates along with the answer sheets in Ext.P3 Selection List and the answer key of the question before this Honble Lok Ayukta.

2) To direct the respondents to furnish the mark list of the written examination of all the candidates as forwarded by the outside agency.

3) To direct the respondent to furnish the marks of the candidates regarding the handwriting examination and interview.

4) To investigate the allegations with specific reference to the list of 25 candidates as stated in the complaint and if found true to declare that the respondents are unfit for holding public office and thereafter to recommend the prosecution of the respondents.

.4. As per Ext.P5 order dated 7.2008, the Upa Lok Ayukta allowed impleadment of additional respondents 4 and 5 in a representative capacity