HC stays selection of candidates for GSTAT judicial member’s post | Bhubaneswar News
Cuttack: Orissa high court on Friday imposed restriction on selection of candidates for the post of judicial member of Goods and Services Tax Appellate Tribunal (GSTAT) in the state.The vacation bench of Justices K R Mohapatra and M S Sahoo imposed the interim restriction on Friday on a petition challenging the procedure adopted by the search-cum-selection committee in evaluating and recommending the name of candidates for the post. Advocate Pranaya Kishore Harichandan (62) filed the petition.The bench allowed the selection for the post to continue but restrained the committee from taking a final decision in the matter till the next date of hearing on June 20.On Feb 15, the department of revenue under the Union ministry of finance invited applications for post of judicial member in the principal bench and state benches of GSTAT.Harichandan submitted an application and on receiving communication attended the personal interview as one of the shortlisted candidates in Kolkata on Aug 3, 2024. Harichandan, who was expecting his name to be recommended filed the petition when he came to know that the committee had issued fresh intimation to few candidates from among those who appeared for the interview earlier, to appear before it for further personal interaction.Although he had appeared before the committee pursuant to the intimation for personal interview, he was not called to the subsequent interaction scheduled to be held on Saturday.When the petition was taken up by for hearing on Friday, senior advocate Susanta Kumar Dash, representing the petitioner, argued that once personal interaction and overall assessment of the eligible shortlisted candidates has taken place, the search-cum-selection Committee can only make recommendations of names for final selection.The committee does not have any power to make further personal interaction with some of the shortlisted candidates ignoring others, Dash argued alleging deviation of sub-rule (4) of Rule 3 and seeking the court’s intervention in the matter.Taking it on record, the bench said, “We feel that the matter requires consideration,” and issued notice to the central govt with a direction to list the matter on June 20.“Since finding a prima-facie case in favour of the petitioner, we have issued notice in the writ petition, we feel it proper to make an interim arrangement. Hence, as a purely interim measure, we direct that the selection of a judicial member of the GSTAT may continue but no final decision shall be taken in the matter till the next date,” the bench said.Deputy solicitor general Prasanna Kumar Parhi appeared for the Centre and sought an adjournment to take detailed instructions on the matter.
