ANTONY DOMINIC, J.

1. The captioned Public Interest Litigations have been filed by an Advocate practising in the Kerala Administrative Tribunal and the High Court of Kerala and the Kerala Administrative Tribunal Advocates Association respectively. The prayers sought for are to direct the State of Kerala to place the recommendations of the selection committee relating to appointment of two judicial members of the Kerala Administrative Tribunal (KAT) before the Governor of the State of Kerala and also to direct the State to forward the recommendations of the selection committee together with the views of the Governor to the first respondent, the Union of India. They are also seeking a direction to the Union of India to appoint two judicial members to the two vacancies in the Kerala Administrative Tribunal in accordance with the recommendations of the selection committee.

2. The Kerala State Administrative Tribunal was established by the Government of India in exercise of its powers under section 4(2) of the Administrative Tribunals Act, 1985 (hereinafter referred to as the ‘Act’, for short). In so far as this case is concerned, on 7.3.2015, the selection committee for appointment of members of the KAT held its meeting under the chairmanship of the Hon’ble the Chief Justice of the High Court of Kerala and decided to invite applications to one existing vacancy of judicial member, one anticipated vacancy of judicial member and one anticipated vacancy of administrative member. Accordingly, on 18.3.2015, notification was issued inviting applications to the aforesaid one existing vacancy of judicial member and one anticipated vacancy each in the posts of judicial member and administrative member. The last date specified for receipt of the applications was 30.4.2015. It appears that for the post of judicial member, 17 applications were received. The selection committee again met on 23.5.2015 and recommended the names of Sri.Benny Gervacis and Sri.V.Rajendran, both advocates practising in this Court. In so far as the one anticipated vacancy of administrative member is concerned, the selection committee postponed the selection on the ground that there were only two applications and directed that a fresh notification be issued. Accordingly, notification was again issued inviting applications to the one anticipated vacancy of administrative member. The applications received were considered by the selection committee on 17.7.2015. The committee recommended the name of Sri.Bharath Bhushan, former Chief Secretary of the State of Kerala and the same was forwarded to the second respondent. The second respondent placed the recommendation of the selection committee for appointment to the post of administrative member before the Cabinet and decided to forward the same to the Governor. However, no action whatsoever was taken on the recommendation made by the committee on 23.5.2015 for appointment to the post of judicial member. It was in this background, these writ petitions were filed with the prayers mentioned above.

3. In the counter affidavit filed by the State of Kerala and the Principal Secretary, P&ARD Department, they challenged the maintainability of the writ petitions and also the locus standi of the writ petitioners. In so far as the recommendation made by the selection committee on 23.5.2015 is concerned, referring to the provisions of the Act and the Administrative Tribunals (Procedure for appointment of members) Rules, 2011 (hereinafter, the ‘2011 Rules’, for short), it is stated that the recommendation of the selection committee was placed before the council of ministers in its meeting held on 25.8.2015 and that after deliberations, it was decided not to draw a list of persons selected incorporating the names recommended by the selection committee and send it to the Central Government in accordance with Rule 5 of the Rules. This decision of the second respondent is sought to be justified by stating thus in the counter affida