[ Amar Sangno ]
ITANAGAR, 10 Jun: The Gauhati High Court on Friday stayed the appointment process for a new chairperson and members of the Arunachal Pradesh Public Service Commission (APPSC), nudging the state’s premier recruiting agency into a long legal battle.
The high court was hearing writ petitions (C) 223 (AP)/2023 and (C) 213 (AP)/2023 filed by Colonel Koj Tari and Taba Rosy, challenging the government’s cancellation of their appointment as the commission’s members on 18 April.
The high court ruled that “until final disposal of the writ petitions filed by Col Koj and Taba, the further process of selection of members of APPSC as a consequence of the notification dated 28th April, 2023, shall remain stayed.”
“We, however, make it clear that the observations made herein above are restricted for the purposes of disposal of these two writs appeals and would not have any bearing on the outcome of the writ petitions,” the court stated.
Koj and Taba sought interim relief, challenging the government’s cancellation order. However, the single-judge bench denied their prayers for interim relief, stating that “it requires more deliberations.”
The court further observed that “the process initiated pursuant to the advertisement dated 28 April shall be subject to further order(s) that may be passed in the said writ petitions.”
The petitioners had also contested that recalling of their appointment was “unconstitutional and on flimsy reason.” They contended that the only process by which their duly notified appointment could be cancelled was by resorting to the procedure provided under Article 317 of the Constitution of India.
“Thus, until and unless the writ petitions filed by them, challenging the recalling of their appointment, are decided, the fresh process for selection deserves to be stayed,” the court said.
Chief Minister Pema Khandu’s government succumbed to surging pressure drummed up by the Pan Arunachal Joint Steering Committee (PAJSC) and parents’ group after they besieged Itanagar on 16 February, 2023, forcing the government to cancel the proposed swearing-in ceremony of the newly appointed chairman and members.
PAJSC members demanded cancellation of retired lieutenant general Shantanu Dayal’s appointment as the new APPSC chairman. On 29 March, the Khandu government in its cabinet sitting recalled the appointment order that had been issued on 7 February.
