[ Bengia Ajum ]
ITANAGAR, 8 Dec: In a fresh twist in the matter of selection of members of the Arunachal Pradesh Public Service Commission (APPSC), the Gauhati High Court’s Itanagar bench on Friday set aside the cabinet decision to recall the selection of members Rosy Taba and Koj Tari.
The court issued a series of directions while hearing writ petitions (C)/223/2023, filed by Col Koj Tari and Taba Rosy against the cabinet decision to recall their selection.
In March 2023, the state cabinet gave the formal nod to recall the order of the appointment of the new chairman and members of the APPSC, and recommended to the governor to recall the appointment orders issued on 7 February. The then governor, BD Mishra, had appointed Shantanu Dayal as the chairman of the APPSC, and Koj Tari, Prof Pradip Lingfa and Rosy Taba as its members on 7 February.
However, their appointments were cancelled after the Pan Arunachal Joint Steering Committee (PASJC) led a strong protest, seeking cancellation of their appointments.
Tari is a retired colonel, while Prof Lingfa is from the NERIST. Taba is a former member of the National Commission for Protection of Child Rights and the Arunachal Pradesh State Commission for Women.
In its order, the court noted that “the cabinet decision to recall appointments is interfering beyond the scope of constitutional mandate under Article 317 of the Constitution of India.”
“In view of the findings of this court, the petitioners are duly appointed as members of the APPSC, and the authorities shall proceed in terms of regulation, 1988,” the court noted.
It further directed that the state government continue with the selection process pursuant to the advertisement dated 28 April, 2023. “However, such process should not include the post of members, to which the two petitioners have already been appointed by a notification dated 7 February, 2023,” the court said.
It also made it clear that “the directions are being issued only for the writ petitioners Koj Tari and Rosy Taba, as no other member/chairman approached the court raising their grievances.”
In June 2023, the HC had stayed the appointment process for a new chairperson and members of the APPSC. It had at that time 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 28 April, 2023, shall remain stayed.”
In August this year, the HC allowed the state government to proceed with the selection process of the APPSC chairperson and one member. The high court was ruling on an interlocutory application.
Chief Justice Mithali Thakuria had ruled that the selection process for the posts of the chairperson and one member of the APPSC may proceed. “However, the result of the fresh selection process will be kept in sealed cover and shall not be declared till the disposal of the aforesaid two writ petitions,” Thakuria said.
The court’s verdict is seen as a major setback for the state government and the PAJSC. There is also a lingering fear that legal battle will further delay the constitution of the new commission, thereby delaying the conduct of fresh examinations.
