The Kerala High Court on Monday asked the state whether the IAS officials here were helpless in taking official decisions. The court also asked the state whether the personal secretaries to the ministers could issue directions to the IAS officials.
A Division Bench comprising Chief Justice Manjula Chellur and Justice A M Shaffique made the observation based on an affidavit filed by K S Premachandra Kurup IAS who was the former director of Co-operative Academy of Professional Education (Kerala) citing his bitter experience while in service. He had filed the affidavit on a petition filed by C R Nikhil of Vadakara challenging the decision to cancel the appointments of the assistant professors at the Co-operative Academy of Professional Education(CAPE), Kerala. The petitioners are included in the selection list. However, all of a sudden the written test was cancelled without any valid reason.
The Bench directed the state to specifically answer the allegation raised by Premachandra Kurup in his affidavit regarding the intervention of the office of the Minister for Co-operation. Kurup alleged that the
Co-operation Minister had said that he will not approve the selection list for the assistant professors to CAPE if it did not contain the names given by the Minister’s office. Immediately after the preparation of the final selection list based on the marks scored by the candidates in the OMR test and the interview, it was handed over to the private secretary to the Minister who is the Chairman of the executive committee of CAPE, the petition said. “As the list was not received from the Minister with the orders, I went to the office to enquire about the selection list. The Private Secretary, with the list in his hand, entered the Minister’s chamber and informed that the director had selected persons of his choice. It was shocking to me,” Kurup submitted.
He explained to the Minister that the selection list was prepared in a fair and reasonable manner but the latter replied that he will not approve the list. The Minister’s office insisted on cancelling the test and interview and asked the private secretary to prepare a few complaints raising allegations against the OMR test and hand it over to the director. Two complaints raising allegations on the conduct of the OMR test were received from the Minister’s office.
Kurup had resigned from the post of CAPE director on June 2. “I am well aware that in a democratic set up, a Minister is supreme,” he said. He also pointed out another incident regarding the admissions to MBBS seats at the Cochin Medical College, falling under the CAPE. “The Minister told me that a list will be issued from his office and those 15 candidates would be given admission. I had politely pointed out my difficulty in complying with the decisions by citing the Supreme Court order regarding the admissions to the NRI seats. He was naturally furious. I took the decision to resign immediately on my return from the Minister’s residence. The Minister lashed out at me for taking firm views against the illegal approach,” Kurup said.
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