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HIGH COURT OF KERALA
REMYA HARIDAS – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/2097/2021
Qualification - Employment - Kerala Institute of Local Administration - Sections on Service Bye-laws - The Court determined that the public authority's alteration of faculty qualification requirements contravened established bye-law provisions, rendering the modified selection process and government orders arbitrary and illegal.
Fact of the Case:
A writ petition was filed to challenge government orders and selection procedures regarding the appointment of Senior Urban Fellow and Urban Fellow at KILA, arguing violations of statutory qualifications laid out in the service bye-laws and commitments made in prior court judgments.
Finding of the Court:
The court found that the amendments made to the qualifications by the government orders were arbitrary, as they contradicted the governing council's established bye-laws, which required Ph.D. qualifications for certain posts. The proposed selections were not compliant with the bye-law requirements.
Issues: Whether the government's amendments to the service bye-laws regarding faculty recruitment qualifications are legally valid given the prior standards set by KILA's governing council.
Ratio Decidendi: The court ruled that the government overstepped its authority in altering educational qualifications stipulated in the KILA service bye-laws, thereby quashing the amended qualifications for Senior Urban Fellow and Urban Fellow positions.
Final Decision: Writ petition allowed; notifications for the posts quashed.
J U D G M E N T
Dated this the 30th day of June, 2022 S. Manikumar, CJ Challenge made in the instant public interest writ petition is to the Government orders in G.O.(Ms) No.101/2020/LSGD dated 26.06.2020 (Exhibits-P6), G.O.(Ms) No.115/2020/LSGD dated 31.07.2020 (Exhibit-P10), and applications invited by Kerala Institute of Local Administration to the posts of Senior Urban Fellow - No.2019/101/6610(2), and Urban Fellow - No.2019/101/6610(3) dated 21.12.2020 (Exhibits-P12 & P13) respectively.
2. Reliefs sought for in this writ petition are as under:
(i) Call for the entire records leading to the issuance of Exhibits-P6, P10, P12 and P13, insofar as it relates to the selection and appointment of Senior Urban Fellow and Urban Fellow in KILA, on permanent basis, for the Urban Chair, KILA – Centre for Urban Governance, and set aside the same by the issuance of a writ in the nature of certiorari or such other appropriate writ, order or direction, in the interest of justice.
(ii) Issue a writ of mandamus or such other appropriate writ, order or direction, directing the respondents, to make selection and appointments in KILA only through Kerala Public Service Commission.
(iii) Direct the respondents to follow strict adherence to the qualifications prescribed as per the service bye law, in the matter of selection and appointment of faculty members in KILA.
3. Basic facts relevant for adjudication are; petitioner, a Member of the Parliament from Alathoor Constituency, submits that as per Rule 7 of the Memorandum of Association of Kerala Institute of Local Administration (KILA), being a Member of Parliament, she is necessarily to be a member of the Governing Council of KILA. She has preferred this writ petition praying for a direction to set aside the selection procedure adopted to the posts of Senior Urban Fellow, and Urban Fellow under KILA, since it violates the provisions contained in Exhibit-P1 Memorandum of Association (MoA) the rules thereto; Exhibit-P2 service bye-laws; and the undertaking given by the Institution before this Court that all the appointments would be done only through Public Service Commission.
4. KILA is apparently an institution under the Local Self Government Department (LSGD) and a registered society as per the provisions of Travancore-Cochin Literary Scientific and Charitable Societies Act, governed by Exhibit-P1 Memorandum of Association. As per Exhibit-P2 bye-laws framed under Rule 29(1) of Exhibit-P1 MoA, the qualifications for faculty members, viz., Professors, Associate Professors and Assistant Professors, are fixed, requiring not only Post Graduation as minimum qualification, but also Ph.D in relevant discipline. According to the petitioner, this has been done, in order to preserve standard excellence for faculty members, that too, in par with the reputed national institutions.
5. Petitioner has further stated that the State Institute of Rural Development (SIRD), Kottarakkara, was merged with KILA as its regional centre and the said institution was renamed as KILA - Centre for Human Resources Development (CHRD). As per Exhibit-P4 Government order dated 24.11.2017, Government have fixed the same qualifications applicable to the faculty members of KILA and that the Governing Council as per Exhibit-P5 minutes dated 27.08.2019 created three posts for Urban Chair, KILA, Thrissur, viz., (i) Urban Chair Professor (equivalent to Professor); (ii) Senior Urban Fellow (equivalent to Associate Professor) and; (iii) Urban Fellow (equivalent to Assistant Professor).
6. Accordingly, the Director General of KILA has submitted a proposal to the Government for direct recruitment to the above said posts and the minimum qualification prescribed for Urban Chair Professor is PG and Ph.D. But, the minimum qualification prescribed for the other two posts are PG only, which according to the petitioner, is against the qualification prescribed in Exhibit-P2 service bye-law and the decision of the Governing Council dated 27.08.2019. Petit
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