The Kerala High Court is scrutinizing the state government’s appointment of former Finance Minister Dr. Thomas Isaac as adviser to the Kerala Knowledge Economy Mission (KKEM), and has expressed a willingness to uphold it, provided certain conditions are met.
A public interest petitioner questioned the legality of the appointment, alleging that the order establishing the position was issued under a non-existent department. The original notification cited an entity described as the Department of Planning and Finance (Development and Innovation)—a department not formally recognized under existing governmental structures. The petitioner also pointed to generous allowances—up to ₹70,000 monthly for fuel—and daily wages for a driver, and accused the government of nepotism and unnecessary expenditure.
During the proceedings, the High Court appointed an amicus curiae to assist. The amicus confirmed that the named department did not exist. In response, the court surged forward to address the technical and procedural flaws rather than dismissing the challenge outright.
The state’s Advocate General clarified that the naming issue arose from an incorrect translation; the correct entity is the Department of Planning and Economic Affairs, which oversees the Kerala Development & Innovation Strategic Council (K-DISC). The High Court noted this clarification and indicated that the confusion could be remedied administratively.
Importantly, on the question of the appointing authority, concerns were raised that the ex-officio Secretary who signed the appointment may have lacked distinct authority to do so. The court observed that the validity and authority of the person making the appointment could not be tested in their absence without them being party to the proceedings.
Instead of nullifying the appointment on these grounds, the court suggested a practical remedy: the state may issue a simple ratification order to confirm the appointment legally and eliminate procedural infirmities.
The Advocate General indicated a willingness to seek ministerial clearance and potentially issue the ratification. The court adjourned further orders to allow the state government time—specifically two weeks—to decide whether to formalize the appointment through such ratification.
In the interim, the matter remains under judicial consideration, with both the KKEM and Dr. Isaac formally included in the proceedings and required to respond to the amicus’s observations and the petitioner’s contentions.
0 Comments
Thank you for your response. It will help us to improve in the future.