PARAMESWARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition under Art.226 of the Constitution of India, in public interest, seeks a writ of mandamus and several directions to the respondents for laying down guidelines for appointment of persons as Chairpersons of Public Sector Undertakings, Statutory Corporations and Boards.

(2.) The petitioner is an Advocate practising in the High Court of Kerala as well as other courts within and outside the State of Kerala. He also is a former President of the Kerala High Court Advocates Association and is the General Secretary of Indian Association of Lawyers, Kerala Chapter and Chairman (Seminars) of the Samatha Law Society. The respondents are the State of Kerala, the Chief Minister, Government of Kerala, and Smt. Padmaja Venugopal, Chairperson, Kerala Tourism Development Corporation Ltd., Trivandrum.

(3.) It is the case of the petitioner that Chairpersons of Public Sector Undertakings, Statutory Corporations and Statutory Bodies are appointed, not on the basis of merits, but on the basis of their connections with the politicians in or out of power. It is also alleged that all such appointments are motivated by favouritism and nepotism and intended to create dynastic rulership. The petitioner relies on a report in the New Indian Express in its issue dated 18th August 2001, wherein the Honourable Minister for Tourism, Sri. K.V. Thomas is reported to have stated that the appointment of third respondent, Smt. Padmaja Venugopal, was a political appointment. According to the petitioner, the appointment was made by the Minister for Tourism and that the Chief Minister of Kerala approved the appointment on account of political compulsions. It is contended that such Chairpersons appointed on political considerations are neither technically qualified, nor educated in the subject which they are required to handle in the Public Sector Corporation under their leadership, though they are given wide powers to decide and dictate policies of such Public Sector Undertakings. It is specifically averred (vide para 8) that the offices of Chairpersons of different Public Sector Undertakings are distributed by way of sharing of the spoils of office, to different political parties. Politics, Caste, Nepotism and Favouritism are alleged to be the bases on which the Chairpersons of Public Sector Undertakings are appointed, prejudicially affecting the economic and administrative health of the State.