Kerala High Court: The present public interest litigation (‘PIL’) was instituted by the petitioner challenging the Government Order (‘GO’) dated 12-12-2024, appointing Dr. Thomas Issac, the former Finance Minister of Kerala, as the Advisor to the Vijnana Keralam Project. The Division Bench of Nitin Jamdar*, CJ., and Basant Balaji, J., dismissing the petition, held that the State Government was within its powers to engage Dr. Issac’s services as the Advisor to the project and held that the petitioner had failed to demonstrate any failure of public interest.
Background
In order to make the activities of the Kerala Knowledge Economy Mission (‘KKEM’) more effective, the project undertaken by the Kerala Development and Innovation Strategic Council (K-DISC) was selected and it was decided to expand the activities of KKEM across the State under the name ‘Vijnana Keralam’ and to appoint Dr. Issac as the Advisor. He agreed to render his services free of charge and was allowed a certain amount towards fuel and expenses.
In the petition, the petitioner had only stated that he was a public activist espousing a public cause and hence, he was called to file an additional affidavit wherein he stated that he was a driver and an RTI activist. The State Attorney contended that the petitioner had a habit of exploiting people and situations for unlawful pecuniary gain, and that many people were compelled to offer him money to withdraw the complaints filed against them.
The question was not whether the petitioner was guilty of the alleged offences, but whether he was worthy of being treated as a public interest litigant. The Court appointed an Amicus Curiae to assist in forming an independent view. The Amicus Curiae contended that Dr. Issac’s appointment was to a non-existent department as there was no Department of Planning and Economic Affairs (Development and Innovation).
The Advocate General placed the Rules of Business along with the correct English translation of the GO before the Court. It was submitted that the relevant department was the Department of Planning and Economic Affairs under which the K-DISC functioned as a sub-department. In the English translation of the GO, the department was described as the ‘Planning Finance (Development and Innovation) Department’, which was a typographical error. It was contended that even if there was a typographical error, so long as the correct department existed and, under the Rules of Business, the subject fell within its domain, the GO issued by the State Government could not be nullified on that ground alone.
The Advocate General had submitted that the contention that the ex officio Secretary had no authority to appoint Dr. Issac was without basis but to put an end to the proceedings and to enable KKEM’s work to commence, an appropriate order could be issued by the State Government. During the hearing on 18-08-2025, the State Attorney placed on record the order issued by the Government through the Special Secretary, Planning and Economic Affairs Department, confirming that the GO would now be treated as the State Government’s order.
It was further submitted that the K-DISC, originally established as the Kerala State Innovation Council in 2013 under the Planning and Economic Affairs Department, was restructured in 2018 to align the innovation efforts with advanced development initiatives. The formation of the Planning and Economic Affairs (Development and Innovation) Wing was approved by the Council of Ministers for administrative convenience. The Advocate General affirmed that the Government held the constitutional authority to make such changes under Article 162 of the Constitution.
Analysis and Decision
The Court examined the Rules of Business of the Government of Kerala and observed that the K-DISC formed a part of the Planning and Economic Affairs Department listed in the First Schedule under Rule 4 of Section I. The activities of the KKEM were implemented by the K-DISC since 2021, with the objective of providing employment to educated job seekers in Kerala. The KKEM’s Project Implementation Programme document was approved by the Government by order dated 26-09-2021. Therefore, no fault could be found till the State Government had power under Article 162 of the Constitution and as per the Rules of Business.
The Amicus Curiae had stated that order was issued by a signatory who had no authority to issue the GO and was working in the K-DISC, which was only a society registered under the Travancore — Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The Court observed that this argument was entirely beyond the present PIL’s scope as the said ex officio Secretary was not even made a party to the writ petition.
Another issue in the case was the failure of public interest, but the Court noted that there was not even a whisper in the petition that this project was not in the public interest or that Dr. Issac was not suitable or qualified to be an Advisor. The Court opined that the KKEM was launched for providing employment to the educated youth of Kerala and a digital platform was established to connect skill providers, streamline employment systems, and implement mechanisms through local government and academic institutions to mobilize job seekers. The Court noted that Vijnana Pathanamthitta, a special programme at the district-level, was launched in Pathanamthitta and considering its success, the Government decided to extend the programme across Kerala as the Vijnana Keralam project and thus the Court observed that this Project which aimed to provide opportunities to job seekers, was in the public interest.
The Court noted that Dr. Issac had volunteered his services and experience without remuneration, except for reimbursement of travel and out-of-pocket expenses and the Advocate General has clarified that his role was only that of an advisor and did not involve the exercise of any administrative powers. Dr. Issac had placed his credentials on record which showed that he held a master’s degree in economics and a Doctorate. He was a member of the Kerala Legislative Assembly from 2001 to 2021 and served as the Minister of Finance of the State during 2006 — 2011 and 2016 — 2021. He was also a member of the State Planning Board from 1996 to 2001 and served as the Chairman of the Committee on Public Accounts, Kerala Legislative Assembly, during 2004 — 2006 and 2011 — 2016. He was also the member in-charge of Decentralised Planning and a Professor at the Centre for Development Studies. He authored books on various subjects, including economics, one of which won the Kerala Sahitya Akademi Award in 1989 and was also associated with Vijnana Pathanamthitta.
The Court observed that the State Government had engaged the services of an expert in the field with experience, as an Advisor, who had agreed to work on a voluntary basis with only his expenses reimbursed for a project that was in the public interest and that the State Government was well within its powers to engage him. The Court remarked that it was unfortunate that Dr. Issac was compelled to be subjected to such a petition and had to file an affidavit to reiterate his credentials.
Consequently, the Court, while dismissing the petition, held that it was entirely misconceived and was filed without impleading the necessary parties and had undertones of malice.
[Navas A. v. State of Kerala, WP(C) No. 45335 of 2024, decided on 25-08-2025]
*Judgment Authored by: Chief Justice Nitin Jamdar
Advocates who appeared in this case:
For the Petitioner: Akhil Suseendran, Advocate.
For the Respondents: N. Reghuraj (SR.), Vivek Menon, Nandagopal S. Kurup, Rance R., S.M. Rajeevan, Advocates
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