The Orissa High Court has issued the notice in a plea challenging personal interaction by the Goods and Service Tax Appellate Tribunal (GSTAT) Selection Panel for Judicial Member Post.
The bench of Justice K.R. Mohapatra and Justice M.S. Sahoo has directed that the selection of a Judicial Member of the GST Appellate Tribunal may continue but no final decision shall be taken in the matter till the next date i.e. 20th June, 2025.
The petitioner, Pranaya Kishore Harichandan has challenged the procedure adopted by the Search-cum-Selection Committee in evaluating and recommending the name of the candidates for the post of Judicial Member of Goods and Services Tax Appellate Tribunal.
The petitioner submitted that pursuant to a Press release dated 15.02.2024 for appointment of Judicial Member in the GST Appellate Tribunal, the petitioner submitted his candidature. The Search-cum-Selection Committee shortlisted his name and intimated him to appear before the Committee for personal interaction. The petitioner pursuant to the intimation under
Annexures-6 and 7 appeared before the Search-cum-Selection Committee along with other candidates.
When the matter stood thus and the petitioner was expecting his name to be recommended, he came to know that Search-cum-Selection Committee issued fresh intimation to few candidates from the list of shortlisted candidates, who were called for personal interaction earlier, to appear before the Committee for further personal interaction, which is scheduled to be held on 31st May, 2025.
Sub-rule (4) of Rule-3 of Goods and Services Tax Appellate Tribunal (Appointment and Conditions of
Service of President and Members) Rules, 2023, does not provide a classification of shortlisted candidates and ask them to appear for further personal interaction.
The petitioner contended that once personal interaction and overall assessment of the eligible shortlisted candidates has taken place, the Search-cum-Selection Committee can only make recommendation of names for final selection and it does not have any power to make further classification of candidates and make further personal interaction with some of the shortlisted candidates ignoring others.
Although the petitioner has appeared before the Search-cum- Selection Committee pursuant to the intimation for personal interaction, he was not called to the subsequent personal interaction scheduled to be held on 31st May, 2025 which is in deviation of sub-rule(4) of rule-3 of the Rules.
The DSGI requested the a short date may be fixed so that instruction would be obtained before taking up final decision in the matter of selection of Judicial Member of the GST Appellate Tribunal. He further seeks leave of this Court to take instruction as to how some of shortlisted candidates have been called for further personal interaction as alleged by the petitioner.
The court while issuing the notice stated that since finding a prima-facie case in favour of the petitioner, it would be proper to make an interim arrangement. Hence, as a purely interim measure, the selection of a Judicial Member of the GST Appellate Tribunal may continue but no final decision shall be taken in the matter till the next date.
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
