A.K. Basheer, J.
1. This Writ Petition is professedly filed in Public Interest praying for the following reliefs:
i. issue a writ of mandamus or other appropriate writ or direction or order compelling the 1st respondent to take immediate steps to fill up the post of the Secretary of the Advisory Board under Kerala Anti-Social Activities (Prevention) Act from among the qualified and competent hands;
ii. issue a writ of prohibition, any other writ or direction prohibiting the first respondent from giving extension of period to the second respondent to act as Secretary of the Advisory Board under Kerala Anti-Social Activities (Prevention) Act, on completion of the present tenure on 2/11/2009;
iii. issue a writ of mandamus, any other writ, direction or order directing the first respondent to terminate the services of the second respondent as the Secretary of the Advisory Board under Kerala Anti-Social Activities (Prevention) Act, on completion of the present tenure on 2/11/2009;
2. It is tacitly admitted by the Government that respondent No. 2 was initially allowed to function as Secretary on a temporary basis. After he was appointed on contract basis for a period for one year with effect from November 3, 2007 since no officer in the rank of Deputy Secretary in the Government Secretariat or Deputy Registrar in the High Court was willing to be appointed on deputation basis. Thereafter extension was given in 2008 in similar circumstances, especially in the absence of Statutory Rules regulating such appointment.
3. In the affidavit dated November 13, 2009 filed by the Deputy Secretary to Government, Home Department, it is stated that the post of Secretary would be filled up in accordance with Rules to be framed or in terms of existing Government orders from among qualified incumbents on deputation basis. It is further stated that the Government have already initiated steps to frame statutory rules under the Kerala Anti-Social Activities (Prevention) Act, 2007 in exercise of the powers conferred on it under Section 21 of the Act. In this connection the Director General of Police was requested to submit before the Government his proposals for framing rules under the Act. Accordingly, the Director General has submitted his proposals; on perusal of which it was noticed that the Rules as suggested by the Director General were deficient in many respects. Government also received proposals from the present Members of the Advisory Board regarding the Rules to be framed under the Act.
4. We do not propose to refer to the various other steps reportedly taken by the Government in this connection. It appears that the Government has already initiated the process for framing Rules in order to effectively implement the Act. Sri K.K. Raveendranath, learned Additional Director General of Prosecution further submits that the intention of the Government is to bring about certain amendments as well to the Act, which will enable the Government to implement the Act more effectively.
5. Keeping in view of the above aspects we are satisfied that the request now made by the Government to grant six months' time to bring out necessary amendment and also to make requisite Rules for implementation of the Act can be allowed. We do so.
6. It shall be ensured by the Government that the process of making the Rules is completed within the period referred to above. It shall be further ensured that respondent No. 2 whose tenure as Secretary now stands extended, shall not be given further extension beyond the period of six months without undergoing a process of selection. In other words, appointment of the Secretary to the Board shall be made only after a due process of selection as contemplated under the Rules that may be framed as indicated above.
7. The Writ Petition is closed in the above terms.