[ Amar Sangno ]
ITANAGAR, 4 Aug: The Guahati High Court has allowed the state government to proceed with the selection process of Arunachal Pradesh Public Service Commission (APPSC) chairperson and one member.
The high court was ruling on interlocutory application (IA).
Chief Justice Mithali Thakuria ruled that the selection process for the posts of chairperson and one member of the APPSC may proceed however, the legality of the decision to cancel the selection process is under challenge in the pending writ petition WP(C) No.213(AP)/2023 and WP(C) No.223(AP)/2023.
The result of the fresh selection process will be kept in sealed cover and shall not be declared till disposal of the aforesaid two writ petitions.
Justice Thakuria further requested the single judge to expedite the decision of the writ petitions WP(C) No.213(AP)/2023 and WP(C) No.223(AP)/2023.
The ruling came after the advocate general I. Chowdhury’s pleaded that since one member and the chairman, who were simultaneously selected along with the respondents in the process for selection of chairman and members of the APPSC, have not questioned the decision cancelling their selection and thus may be allowed to proceed with the advertisement dated 28th April 2023 whereby fresh selection was initiated for filling up the posts of one chairman and 3(three) members of the commission.
The counsels J. Patowary and B Kaushik also pleaded the court that as long as their clients’ interests are protected, they do not have any objection to the selection process being carried forward.
The High Court stayed the appointment process for a new chairperson and members of Commission on 9th June after 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.
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.
