Kerala High Court
Dr.Abhishek C vs State Of Kerala on 13 March, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:22145
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF MARCH 2026 / 22ND PHALGUNA, 1947
WP(C) NO. 40225 OF 2025
PETITIONERS:
1 DR.ABHISHEK C.,
AGED 46 YEARS
SCIENTIST [SCALE 3],
S/O. G.K. CHANDRASEKARAN PILLAI,
NATIONAL COIR RESEARCH AND MANAGEMENT INSTITUTE,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM,
RESIDING AT AMULYA, JANANI NAGAR 34,
KDAPPAKADA P O, KOLLAM, PIN - 695043
2 RINU PREMRAJ,
AGED 40 YEARS,
SCIENTIST [SCALE 2],
S/O. (LATE) PREMRAJAN K.,
NATIONAL COIR RESEARCH AND MANAGEMENT INSTITUTE,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM,
RESIDING AT ISHA VILLA, KRA 6,
NEAR CORPORATION ZONAL OFFICE, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM,, PIN - 695043
3 DR SIBI JOY,
AGED 42 YEARS,
SCIENTIST [SCALE 2],
S/O. C.V. JOYKUTTY, NATIONAL COIR RESEARCH
AND MANAGEMENT INSTITUTE, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM, RESIDING AT BETHEL,
VNRA-110, VIKAS NAGAR, SREEKARIYAM,
THIRUVANANTHAPURAM, PIN - 695043
BY ADVS.
SMT.HELEN P.A.
SMT.RENUKA VENU
SHRI.ATHUL ROY
2026:KER:22145
W.P.(C) No.40225/2025
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SHRI.INDRAJITH DILEEP
SMT.AMALA ANNA THOTTUPURAM
SMT.ANEETA TRESA PAUL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 NATIONAL COIR RESEARCH AND MANAGEMENT INSTITUTE
REPRESENTED BY ITS DIRECTOR, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM., PIN - 695043
3 THE GOVERNING BODY
NATIONAL COIR RESEARCH AND MANAGEMENT INSTITUTE,
REPRESENTED BY ITS DIRECTOR,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHAIRMAN, PIN - 695043
4 THE DIRECTOR,
NATIONAL COIR RESEARCH AND MANAGEMENT INSTITUTE,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043
5 KERALA PUBLIC ENTERPRISES [SELECTION
AND RECRUITMENT] BOARD
REPRESENTED BY ITS SECRETARY,
OPPOSITE KELTRON, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695010
BY ADV.
SRI.ANTONY MUKKATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 12.02.2026, THE COURT ON 13.03.2026 DELIVERED THE
FOLLOWING:
2026:KER:22145
W.P.(C) No.40225/2025
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N. NAGARESH, J.
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W.P.(C) No.40225 of 2025
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Dated this the 13th day of March, 2026
JUDGMENT
~~~~~~~~~ The petitioners are Scientists working under the 2nd respondent-National Coir Research and Management Institute, Thiruvananthapuram. The petitioners are aggrieved by the qualification prescribed by Ext.P12 notification of the Kerala Public Enterprises (Selection and Recruitment) Board for recruitment to the post of Director.
2. The 2nd respondent is a wholly State Government controlled Society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act. The 2nd respondent-Society is formed with the 2026:KER:22145 W.P.(C) No.40225/2025 :4: main intention of establishing comprehensive research cum consultancy division to render advisory services, to prepare and execute projects as may be necessary for the promotion of coir/coconut fibre industry in the State, spearheading innovation and technology development. The Society is governed by Ext.P1 Memorandum of Association and Rules.
3. The petitioners state that the 2nd respondent framed draft rules in the year 2015 governing the service conditions of its employees. The rules did not include the post of Director. The draft rules were modified in the year 2020. In the 2020 draft rules, the qualification for the post of Director was fixed as Post Graduation in Civil/Mechanical/Agricultural Engineering. The method of appointment was fixed as on deputation. The 2020 draft rules were not approved.
4. The Government, as per Ext.P4 GO dated 07.01.2022 prescribed qualifications for the post of Director. The prescribed qualification is Post Graduation in Civil/Mechanical/Agricultural Engineering with minimum of ten 2026:KER:22145 W.P.(C) No.40225/2025 :5: years research and development experience of which minimum five years shall be in coir sector.
5. On 24.05.2023, the 24th meeting of the governing body of the 2nd respondent resolved to entrust the 4th respondent-Director with the duty of modifying the special rules and submitting the same to the governing body. Thereafter, Ext.P5 GO dated 02.03.2024 was issued modifying the qualification for appointment to the post of Director as B.Tech with MBA or Post Graduation in Engineering or PhD in Science. Experience was fixed as 15 years from leading Central/State Research and Development Institutions / Universities out of which minimum five years shall be in research and development of product/technology.
6. As Ext.P5 would exclude the petitioners from the zone of consideration for appointment to the post of Director, they submitted Ext.P6 request to the Government. Based on the recommendations of the Board for Public Sector Transformation, the Government issued Ext.P7 GO dated 2026:KER:22145 W.P.(C) No.40225/2025 :6: 16.04.2025 fixing the qualification to the post of Director as Doctorate in the Branch of Textile Technology or Textile Chemistry or Mechanical Engineering or Applied Chemistry with minimum ten years experience in research/teaching, development, programming, training, industry and extension work in the field of coir or any other natural fibre. Ext.P7 contemplated preference for publication of papers in the discipline.
7. The petitioners state that they are directly affected by the new qualification which exclude persons like the petitioners from being appointed as Director. The 5th respondent issued Ext.P10 letter dated 21.06.2025 to the 4th respondent requiring to report the vacancy of the Director to the 5th respondent in order to initiate recruitment process. The 1st respondent has also directed the 4th respondent to report the vacancy of Director to the 5th respondent as per Ext.P11 letter. Thereupon, the 5th respondent has issued a notification inviting applications to the post of Director, as per Ext.P12.
2026:KER:22145 W.P.(C) No.40225/2025 :7:
8. The petitioners state that the power to appoint Director is vested with the governing body of the Society as per Ext.P1 rules and not with the Government. Only an approval from the Government is necessary as per Ext.P1 rules. However, qualification for the post of Director is now prescribed by the Government. The Government has no power as far as prescription of qualification in any Society.
9. The petitioners further submit that the qualification prescribed in Ext.P7 for appointment to the post of Director was without considering the objection raised by the employees. Ext.P12 notification is therefore bad in law. Exts.P7 and P12 are liable to be set aside.
10. The 1st respondent resisted the writ petition filing counter affidavit. The 1st respondent submitted that the Government of Kerala has full authority both administrative and statutory to fix the qualifications, pay scales and method of appointment for the post of Director of NCRMI. This has been admitted by the petitioners themselves as per the averments in 2026:KER:22145 W.P.(C) No.40225/2025 :8: paragraph 6 of the writ petition that the NCRMI is a wholly State Government controlled body registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1956. The governing body and executive committee of NCRMI is chaired by the Minister for Industries and Commerce. The main challenge of the petitioners is against Exts.P7 and P12 notifications which the Government has power and authority to issue.
11. As the apex administrative authority of NCRMI, the Government has consistently exercised this power by issuing Government on orders fixing qualifications for Managing Directors, Chief Executives and Heads of Institutions of all PSUs, autonomous bodies and body corporates under various Departments. The re-fixation of qualifications as per Ext.P7 is part of this uniform policy and is neither arbitrary nor ultra vires.
12. NCRMI is a Government controlled society functioning under the administrative control of Industries and 2026:KER:22145 W.P.(C) No.40225/2025 :9: Commerce Department. The objective of the formation of the Institute is to establish a holistic and multi-disciplinary institutional set up to develop appropriate comprehensive technology for the development of the coir/coconut fiber industry. The funds for the research activities and salary for the employees are met from the State budget. The Director is the Chief Executive of the Institute and is appointed by the Governing body with the approval of the Government.
13. The power of the Government to prescribe qualifications and method of recruitment to the post of Director emanates from the Memorandum of Association and Rules governing NCRMI, which places the institution under the administrative and financial control of the Government. By law 8.2 empowers the Governing Body to create posts with the approval of the Government. By law 15 provides amendments of the Rules with the approval of the Government. The Government's authority as the funding and controlling department for all activities of NCRMI and the plenary 2026:KER:22145 W.P.(C) No.40225/2025 : 10 : executive powers of the State under Article 162 of the Constitution of India, empower the State to issue executive orders in all areas where the Legislature has competence including regulation of Government controlled Institutions.
14. I have heard the learned counsel for the petitioners, the learned Government Pleader representing the 1st respondent and the learned Standing Counsel appearing for respondents 2 to 5.
15. The grievance of the petitioners, who are working as Scientists, relates to the qualification prescribed by Ext.P7 for appointment to the post of Director under the 2nd respondent-National Coir Research and Management Institute. Ext.P1 is the Memorandum of Association and Rules of NCRMI. Rule 6(c) thereof provides that there shall be a Director of the Institute appointed by the governing body with the approval of the Government of Kerala.
16. Rule 8 provides for the functions and powers of the governing body. Rule 8(2)(b) empowers the governing 2026:KER:22145 W.P.(C) No.40225/2025 : 11 : body of the Society to create such posts as found necessary, with the approval of the Government, for the efficient management of the affairs of the Institute. Therefore, as the governing body is entrusted with the power to create post, in the absence of any other statutory or non statutory rules, the governing body will have the power to prescribe qualification for the posts also.
17. Qualifications were not prescribed for the post of Director in Ext.P1. Qualification for the post of Director was fixed by the Government for the first time as per Ext.P4 GO dated 07.01.2022, as Post Graduation in Civil/Mechanical/Agricultural Engineering with minimum of ten years research and development experience of which minimum five years shall be in coir sector. The method of appointment was fixed as through deputation. The qualification was again modified as per Ext.P5 GO dated 02.03.2024, as B.Tech with MBA or Post Graduation in Engineering or PhD in Science. Experience was fixed as 15 years.
2026:KER:22145 W.P.(C) No.40225/2025 : 12 :
18. Thereafter, the qualification was refixed as per Ext.P7 GO dated 16.04.2025 as Doctorate in the Branch of Textile Technology or Textile Chemistry or Mechanical Engineering or Applied Chemistry with minimum ten years experience in research/teaching, development, programming, training, industry and extension work in the field of coir or any other natural fibre. The petitioners are aggrieved by Ext.P7.
19. The argument of the petitioners is that as the 2nd respondent is an autonomous Society, it should be governed by Ext.P1 bye-law under which the governing body alone has the power to prescribe qualification. Ext.P1 does not contemplate or empower delegation of that power to the Government.
20. Though the 2nd respondent is a Society, one must keep in mind that it is a fully Government owned Society. The Chairman of the Society is the Minister in charge of Coir Development. The Executive Committee consist of Chairman, Director and other Members nominated by the governing body.
2026:KER:22145 W.P.(C) No.40225/2025 : 13 : The Society has to function as per the policy decisions prescribed by the Government of Kerala.
21. In the case of prescription of qualification for appointment to the post of Director, Ext.P7 Government Order was issued based on the recommendations from the Board for Public Sector Transformation. The recommendation is in tune with the national level norms followed for similar Central Government R&D Institutions. The Director is expected to be in charge of developing appropriate technology for the comprehensive development of coir and coconut fibre industry. It was felt that appropriate qualification is necessary for heading the institution.
22. The 1st respondent submits that the Society is under the administrative and financial control of the Government. Ext.P7 was issued after completing all procedures including expert review by the Board for Public Sector Transformation. The qualification and experience fixed is approved by the 26th governing body meeting of the Society 2026:KER:22145 W.P.(C) No.40225/2025 : 14 : held on 05.11.2025. This is evident from Ext.R1(a).
23. When the governing body of the Society has approved the qualification, the petitioners cannot be heard to contend that Ext.P7 is ultravires. In effect, the qualification prescribed for appointment to the post of Director in Ext.P7 has the seal of approval of the governing body of the Society. Furthermore, the petitioners do not have a vested right for promotion to the post of Director. Therefore, the petitioners have no locus to challenge prescription of qualification for appointment to the post of Director.
The writ petition is therefore without any force or merit and it is hence dismissed.
Sd/-
N. NAGARESH, JUDGE aks/11.03.2026 2026:KER:22145 W.P.(C) No.40225/2025 : 15 : APPENDIX OF WP(C) NO. 40225 OF 2025 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE RULES GOVERNING THE AFFAIRS OF THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE LETTER NO.
E1/14201/2015/IND DATED 6.1.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE LETTER NO.
E1/14201/2015/IND DATED 7.9.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE GO MS NO 2.2022/ID DATED 7.1.2022 Exhibit P5 A TRUE COPY OF THE GO MS NO 17/2024/ID DATED 2.3.2024 Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 19.11.2024 Exhibit P7 A TRUE COPY OF GO MS 32/2025/ID DATED 16.4.2025 Exhibit P8 A TRUE COPY OF THE DRAFT SERVICE RULES FRAMED FOR THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED 25.7.2025 SUBMITTED BY THE PETITIONERS Exhibit P10 A TRUE COPY OF THE LETTER NO.147/A3/2025/KPESRB DATED 21.6.2025 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT Exhibit P11 A TRUE COPY OF THE LETTER NO.
E1/150/2025/IND DATED 20.8.2025 ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT Exhibit P12 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 5TH RESPONDENT SHOWN AS CLOSING DATE 31.10.2025 RESPONDENTS' EXHIBITS:
Exhibit R1 (a) A true copy of the minutes of the 26 th Governing Body Meeting held on 05-11- 2026:KER:22145 W.P.(C) No.40225/2025 : 16 : 2025 Exhibit R1 (b) A true copy of the Kerala Public Enterprises Selection and Recruitment Board Act, 2022 Exhibit R1 (c) A true copy of the letter dated 07-11- 2024 of the Member Secretary, Board for Public Sector Transformation Exhibit R1 (d) A true copy of the Notification dated 19-09-2023 issued by the Coir Board.