The Orissa High Court has upheld the authority of the reconstituted search-cum-selection committee to restart the selection process for the post of Judicial Member in the Goods and Services Tax Appellate Tribunal (GSTAT) in Odisha. The court dismissed a legal challenge filed by advocate Pranaya Kishore Harichandan, who had questioned the legality of the fresh selection process.
Background of the Case
In February 2024, the Department of Revenue under the Union Ministry of Finance had invited applications for the position of Judicial Member in the GSTAT. Pranaya Kishore Harichandan (aged 62) was one of the candidates shortlisted for personal interaction, which was held in Kolkata on August 3, 2024.
However, following the reconstitution of the selection committee, certain candidates were re-invited for another round of personal interaction on May 31, 2025, excluding Harichandan. Aggrieved by this, Harichandan approached the Orissa High Court, contending that the new committee should have continued the process from the stage reached by the original panel, rather than starting afresh.
Centre Defends Fresh Evaluation Process
The Central Government, represented by Additional Solicitor General N. Venkatraman and Deputy Solicitor General Prasanna Kumar Parhi, defended the decision to restart the selection process. The Centre argued that the reconstituted committee had the legal authority to initiate a fresh evaluation, especially after incorporating fresh inputs from the Intelligence Bureau (IB) during the renewed scrutiny.
High Court’s Verdict
A division bench comprising Chief Justice Harish Tandon and Justice M.S. Raman ruled in favour of the Centre, dismissing the writ petition filed by Harichandan. The court observed that no statutory provision prevents a reconstituted selection committee from conducting a de novo (fresh) selection process.
“The authority has to act within the framework of the law, and in the absence of any express restriction, a fresh evaluation process cannot be deemed illegal,” the bench stated.
The judges also emphasized the significance of confidential IB inputs received during the renewed assessment. The court held that such intelligence reports could not be treated as a mere formality, adding credibility to the committee’s decision to undertake a fresh evaluation.
Key Takeaways
- The Orissa High Court affirmed that a reconstituted GSTAT selection committee has full authority to restart the selection process.
- The Court emphasized that IB reports play a vital role in the evaluation of candidates.
- The ruling clarifies that unless expressly prohibited by law, authorities can lawfully opt for a de novo selection process.
- The writ petition filed by Pranaya Kishore Harichandan challenging the fresh selection process was dismissed.
Conclusion
The judgment reinforces the legal position that reconstituted selection committees enjoy the discretion to conduct a fresh selection process, provided they act within the ambit of existing laws. The decision is expected to set a precedent for similar appointments in tribunals and other statutory bodies.