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HomeGSTOrissa High Court Adjourns GSTAT Judicial Member Selection Case to June 26;...

Orissa High Court Adjourns GSTAT Judicial Member Selection Case to June 26; Interim Stay on Appointments Continues

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The Orissa High Court has adjourned to June 26, 2025, the matter challenging the procedure adopted by the Search-cum-Selection Committee in appointing Judicial Members to the Goods and Services Tax Appellate Tribunal (GSTAT). Although officially listed in the June 23 cause list, discrepancies on the High Court’s online portal, which initially showed June 30 as the next hearing date, added confusion for stakeholders following the proceedings closely.

The case, currently at the admission stage, pertains to a writ petition filed by advocate Pranaya Kishore Harichandan, who has contested the legality and transparency of the selection process for the post of Judicial Member. The petitioner had applied pursuant to a press release dated February 15, 2024, and was among those shortlisted and invited for personal interaction by the Selection Committee.

However, Harichandan contends that the Committee later issued fresh invitations for a second round of personal interaction—limited only to a select few of the already shortlisted candidates—scheduled for May 31, 2025. He argues that this selective recall violates sub-rule (4) of Rule 3 of the GSTAT (Appointment and Conditions of Service of President and Members) Rules, 2023, which does not permit a second evaluation of only some candidates after the initial round of assessment.

According to the petitioner, once the initial personal interaction is conducted, the Committee’s mandate is to recommend candidates for appointment, and any additional interaction with a subset of candidates compromises the fairness of the process. The selective nature of the second round, he claims, breaches principles of transparency and equal treatment under the law.

During the hearing, the Deputy Solicitor General of India (DSGI) appeared on behalf of the respondents and sought a short adjournment to obtain official instructions regarding the second round of interactions. Acknowledging the seriousness of the allegations, the High Court observed that a prima facie case had been made out by the petitioner.

As an interim measure, the Court directed that while the selection process may continue, no final appointment decisions are to be taken until the next hearing date.

The High Court initially confirmed the next hearing date as June 30, 2025. However, the case has now been rescheduled to June 26, 2025. The High Court’s website has since been updated to reflect the change.

The ongoing legal tussle has further delayed the much-awaited operationalization of the GST Appellate Tribunal’s Principal Bench, which was scheduled to begin hearings on July 1, 2025. With the interim stay still in force, the commencement of GSTAT proceedings now appears uncertain, adding to the growing frustration among litigants and stakeholders awaiting functional adjudication under the GST regime.

Case Details

Case Title: Pranaya Kishore Harichandan Versus UOI

Case No.: W.P.(C). NO.15220 OF 2025

Date:  30/05/2025

Counsel For Petitioner:  Susanta Kumar Dash, Sr. Advocate appearing along with Mr. Prabin Das, Advocate

Counsel For Respondent: Mr. P.K. Parhi, DSGI along with Mr. D. Gochhayat, CGC

Click Here To Read Order

Read More: Conflicting GST Orders Can’t Co-Exist; Later Order Vitiated Once Earlier One Attains Finality: Kerala HC

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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