D.NARAYANA Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these Writ Petitions relate to the matters in connection with the selection to the post of Director of the respondent -Gulati Institute of Finance and Taxation (for short 'GIFT') and therefore, these cases are disposed of through this common judgment.

(2.) It is stated that the petitioner in W.P(C).No.25012/2015 was the Reserve Bank of India (RBI) Chair Professor at the Centre for Development Studies (CDS), Thiruvananthapuram, from 2001 -12 and that earlier he was Fulbright Fellow of Havard University during 1994 -95. That earlier he was the Visiting Professor of the University of Montreal and is currently the Technical Advisor to the Kerala State Planning Board. His curriculum vitae is referred to in Ext.P -1. That earlier the 1st respondent -State Government had constituted the Centre for Taxation Studies (CTS) in 1991 for undertaking research, training consultancy and publication in the area of public economics and the said body was registered as a society under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. It it stated that Ext.R -1(e) is that Memorandum of Association and Rules and Regulations of the CTS and Ext.P -3 is the copy of the Service Rules for the CTS framed under Rule 11 Chapter XXII of Ext.R -1(e) Memorandum of Association and Rules of CTS. That by Ext.R -1(a) Government Order, G.O(MS).No.31/2009/TD dated 25.2.2009, the Government approved the proposal for upgradation and elevation of the CTS and to rename it as Gulati Institute of Finance and Taxation (GIFT) and to register as such under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, and by the said Government Order dated 25.2.2009, the Government has also accorded sanction to the Memorandum of Association and the Rules and Regulations of the 4th respondent -Institute (viz., GIFT) and sanction was also accorded by the State Government to enter into a tripartite agreement with Government of India and Government of Kerala and GIFT as per the Memorandum of Association mentioned therein etc.

(3.) It is now informed from the Bar by the learned Government Pleader appearing for the 3rd respondent -State as well as by the learned Standing Counsel for the 4th respondent -Institute that in the place of previous Rules and Regulations of CTS, the new Memorandum of Association and the Rules and Regulations of the