Govt. to fix qualifications

By Our Staff Reporter

KOCHI, NOV. 19. The State Government has decided that the chairpersons being appointed to various Corporations and Public Sector Undertakings (PSUs) should have the same qualifications as that of an MLA and those stipulated under the Companies Act.

In an affidavit filed before a Kerala High Court Division Bench, comprising the Chief Justice, Mr. B. N. Srikrishna, and Mr. Justice M. Ramachandran, the Chief Secretary, Mr. V. Krishnamoorthy, said it was not mandatory to fix norms prescribing qualification for these posts. However, the qualification as was applicable to MLAs was prescribed for these posts also in deference to an interim order passed by the High Court.

The affidavit was filed in response to a writ filed by Mr. S. Parameswaran, High Court lawyer, complaining about the decision of the Government to appoint political persons as chairpersons.

The affidavit said that besides the qualifications prescribed under the Companies Act and Memorandum and Articles of Association, the chairpersons need not possess any additional qualification unless he was the Chief Executive of the organisation. Since it was a political decision, no mode of selection could be prescribed for the appointments.

Besides, these appointments should not be compared with those in Civil Service. The posts of chairperson in public sector units and statutory corporations were not civil posts coming within the ambit of the Public Service Commission.

The affidavit said it was for the Government to decide whom the chairmanship should be entrusted with.

As per the Articles of Association, the Government had the discretion to choose a suitable person. It was after examining the question at various levels that the Government had decided to appoint suitable persons to the posts.

In cases where technically qualified and experienced persons were required, Government Secretaries were being posted as chairpersons.

The contention of the petitioner that a PSU, manned by a Government servant as chairman, was making profits was not necessarily true. For instance, several PSUs like the Kerala State Road Transport Corporation manned by civil servants were running on loss.

The objective behind the posting of public men as chairpersons was that they would be able to organise things in accordance with the popular will. No discredited political leader was appointed as chairperson in any PSU.

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Section  : Southern States
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