A Division Bench of the Kerala High Court on Wednesday set aside a single judge's verdict directing appointment of five persons chosen by the selection committee appointed during the previous UDF government as State Information Commissioners (SICs).
The Bench gave its judgment while allowing an appeal filed by the LDF government against the single judge's verdict.
The single judge had issued the directive while allowing a writ petition filed by Royce Chirayil, Abi Kuriakose, P.R. Devadas, K.P. Abdul Majeed, and Ankathil Ajai Kumar challenging the inaction on the part of the new LDF government in appointing them as State Information Commissioners based on the recommendations of the selection committee.
The petitioners had pointed out that when the recommendations of the selection committee were forwarded to the Governor for appointment, they were returned with a direction to verify their claims of eminence in public life and their knowledge and experience in their respective fields as specified by the Supreme Court. The State government had conducted a verification and returned the file but the Governor sent back the file again by stating that the documents relied upon to vouch or support the claims of eminence had not been mentioned.
The single judge had observed that the Governor was bound to follow the recommendations of the selection committee. The Governor had no discretion in the matter and the Governor should have approved the appointment of the petitioners at the first instance itself. An interpretation contrary to what was stated above would certainly lead to a constitutional failure.
The single judge had further said a newly elected government was bound to follow the stance adopted by the previous government unless it was found that the previous government’s act was either contrary to constitutional provisions or was against public interest.
