HC dismisses plea to appoint qualified member from T.N. Judicial Service as HR & CE Commissioner

The Madurai Bench of the Madras High Court has dismissed a petition that sought a direction to the State to appoint a qualified member from the Tamil Nadu State Higher Judicial Service or the Tamil Nadu State Judicial Service as the Commissioner of the Hindu Religious and Charitable Endowments (HR & CE) Department.

A Division Bench of Justices C.V. Karthikeyan and R. Sakthivel held that the legislature has given an option to the government to appoint the Commissioner of HR & CE either by transfer from among the members of the Tamil Nadu State Higher Judicial Service or from the Tamil Nadu State Judicial Service, or from any other service, or by promotion from the post of Further Commissioner, or by direct recruitment.

The court said when the legislature has specifically given various options to the administration to appoint the Commissioner, it is for the government to choose any one of the modes and appoint the Commissioner.

It is not for the court to limit the power of the administration when the legislature has expanded the power to appoint a Commissioner by giving various other options, the court said.

It is the administration which is the appointing authority, and it will have to appoint the Commissioner of HR & CE from a source which according to it would be the best source to deal with the matters relating to the HR & CE Department, the court said.

The court dismissed the petition filed by K. Kesavan who had sought a direction to the State to implement Section 9(2)(a)(i) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, by appointing a qualified member from the Tamil Nadu State Higher Judicial Service or the Tamil Nadu State Judicial Service as the Commissioner of the Hindu Religious and Charitable Endowments Department.