IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 12975 of 2010(S) -------------------------- PETITIONER: -------------- R.S. SASIKUMAR, CONVENOR, HIGHER EDUATION PROTECTION COUNCIL, NIRMALYAM, NEMOM, THIRUVANANTHAPURAM. BY ADV. SRI.T.R.RAVI RESPONDENTS: ----------------- 1. THE CHANCELLOR OF THE UNIVERSITIES IN THE STATE OF KERALA, RAJ BHAVAN, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE UNIVERSITY OF CALICUT, CALICUT UNIVERSITY POST, TENHIPALAM, MALAPPURAM DISTRICT - 673 635, REPRESENTED BY ITS REGISTRAR. 4. THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695 034, REPRESENTED BYITS REGISTRAR. 5. THE KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR UNIVERSITY CAMPUS P.O., KANNUR - 670 567, REPRESENTED BY ITS MANAGER. 6. THE MAHATMA GANDHI UNIVERSITY, KOTTAYAM-686 560, REPRESENTED BY ITS REGISTRAR. 7. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI 682 022, REPRESENTED BY ITS REGISTRAR. 8. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, PB No.14, ERNAKULAM-683 574, REPRESENTED BY ITS REGISTRAR. WP(C).No. 12975 of 2010(S) 9. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR 680 656, REPRESENTEDBY ITS REGISTRAR. R1 & R2 BY SENIOR GOVT. PLEADER, SMT. K. MEERA. R4 BY ADV. SRI. M. RAJAGOPALAN NAIR,SC. R6 BY ADV. SRI.T.A. SHAJI, SC. R7 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & C.N. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 12975 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2010 JUDGMENT J.Chelameswar, CJ. The Writ Petition is filed as a Public Interest Litigation with the prayers as follows: “i. Issue a writ of mandamus or such other writ order or direction directing the 2nd respondent to immediately take steps to comply with the directions contained in Ext.P1 judgment and as promised by the Minister for Education on the floor of the Assembly on 26.03.10. ii. Direct the respondents to ensure that the selection to the various posts in the Universities in the State are conducted under the supervision of the State Government, or the PSC or any other independent body, pending the enactment of necessary legislation in this regard.” 2. A Division Bench of this Court had, earlier, in a judgment dated 03.11.2009 dealing with a batch of matters, RP No.573/09 and connected cases, opined that the recruitment process undertaken by various Universities in the State of Kerala for filling up of the posts of the staff of those Universities leaves much to be desired. The Division Bench therefore made an W.P.(C) No. 12975 OF 2010 -:2:- observation that the State has to consider the desirability of entrusting the recruitment process to the State Public Service Commission, a constitution of entity designed to undertake the recruitment process of various services of the State. The relevant portion of the Division Bench judgment reads as follows: “In that view of the matter, we hold that it is high time that the Government should consider entrusting the selection process for appointments of officers, teachers and non teaching staff of the various Universities in the State to the Public Service Commission by introducing amendments in the respective University Acts. Therefore we direct the State to consider the desirability of amending the relevant University Acts in force in the State in respect of various Universities to provide for selection through Public Service Commission in respect of various posts in the respective Universities.” 3. It appears that subsequent to the above mentioned decision the issue was discussed in the Legislative Assembly on the 26th March 2010 and it is alleged in the writ petition that certain statements were made by the concerned Ministers in this regard. We did not propose to go into the accuracy of the averments made in the writ petition. We are of the opinion that W.P.(C) No. 12975 OF 2010 -:3:- an enquiry into the proceedings of the Legislative Assembly is not permissible for this Court, under the scheme of the Constitution. 4. Complaining that, in spite of the earlier observations of the Division Bench extracted above which the petitioner understands to be directions by this Court, the State is not taking any necessary steps for entrusting the recruitment process to be undertaken by the Universities in the State of Kerala to the Public Service Commission, the present writ petition is filed with the prayers which are already noticed. 5. Universities are autonomous bodies governed by statutory provisions by which each University's existence and working is regulated. Admittedly, these various statutes authorise the Universities to conduct recruitment of employees at various levels, teaching and non-teaching. Whether such a recruitment is to be conducted by the State Public Service Commission or some other body, is a matter which is exclusively with the realm of policy choice of the State Legislature. Desirability of entrusting such a recruitment process to an outside agency was already indicated to be considered by the State by an earlier judgment of this Court. We are of the opinion that there cannot be another W.P.(C) No. 12975 OF 2010 -:4:- writ petition to compel the State to take such a decision. It is a settled principle of law that there cannot be a mandate to the Legislature. In the circumstances we are of the opinion that, the writ petition is wholly misconceived and the same is required to be dismissed at the admission stage. Ordered accordingly. J.Chelameswar, Chief Justice. C.N. Ramachandran Nair, Judge. ttb/vku