Petition against appointment of State Commission for Backward Classes quashed
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Kochi: The Kerala High Court has quashed a petition filed challenging the appointment Justice G. Sasidharan as Chairman of Kerala State Commission for Backward Classes.
The petitioner, S. Subramaniam had approached the High Court arguing that Justice Sasidharan was appointed to the post of Upa LokAyukta, and therefore is disqualified from being appointed as a Chairman of the Backward Classes Commission. The plea cited provisions of Kerala Lok Ayukta Act, 1999 which states that, on ceasing to hold office, the Lok Ayukta or an Upa-Lok Ayukta shall not be eligible for further employment to any office of profit under the Government or in any authority.
The bench while dismissing the plea, reasoned that when the advice of the commission is binding on the Government, the commission cannot be said to be under the control of the government.
"Merely because, sub-section (3) of Section 3 in the Kerala State Commission for Backward Classes Act, 1993, provides for removal of persons from the Office of Members, for the reasons stated thereunder, that by itself cannot be said that the Government have a control over the Backward Class Commission. Thus, when the advice of the Commission is binding on the Government, the Commission cannot be said to be under the control of the Government," the court observed.