The Orissa High Court has adjourned the matter pertaining to the selection of Judicial Members for the Goods and Services Tax Appellate Tribunal (GSTAT). Although the case has been officially listed in the cause list dated June 23, 2025, the High Court’s online portal erroneously reflects the next hearing date as June 30, 2025, causing confusion among stakeholders tracking the proceedings.

The matter is at the admission stage and the court has issued a notice in a plea challenging the procedure adopted by the Search-cum-Selection Committee in the appointment process for the post of Judicial Member of the Goods and Services Tax Appellate Tribunal (GSTAT). 

The petitioner, Pranaya Kishore Harichandan, has raised serious concerns over the legality of the selection process, specifically challenging the additional round of personal interaction undertaken by the Selection Committee. According to the petition, Harichandan had submitted his application pursuant to a press release dated February 15, 2024. He was shortlisted and appeared for personal interaction before the Committee as directed through official communications (Annexures 6 and 7).

However, it was later discovered that the Committee had issued fresh intimations to a select few among the already shortlisted candidates, calling them for another round of personal interaction scheduled for May 31, 2025. The petitioner alleges that this selective recall violates sub-rule (4) of Rule 3 of the Goods and Services Tax Appellate Tribunal (Appointment and Conditions of Service of President and Members) Rules, 2023, which does not permit reclassification or further interaction of only some candidates after the initial assessment.

The petitioner contended that once the shortlisted candidates have been assessed through personal interaction, the Committee’s role is limited to recommending names for appointment. He argued that conducting a second round of interaction for only a few candidates undermines the fairness and transparency of the selection process.

In response, the Deputy Solicitor General of India (DSGI) sought a short adjournment to obtain instructions and clarify how and why the additional round of personal interaction was held for select candidates.

Taking cognizance of the matter, the High Court found a prima facie case in favour of the petitioner and ruled that as an interim measure, while the selection process may proceed, no final decision shall be taken until the next date of hearing.

Notably, the Court has confirmed that the next date of hearing—originally referred to as “Monday”—is June 30, 2025. The High Court’s website has been updated accordingly. With the interim stay still in effect, the much-anticipated Principal Bench hearing of the GST Appellate Tribunal, scheduled for July 1, now appears unlikely to take place.

The delay adds to the growing frustration among stakeholders awaiting the operationalization of the Tribunal. As the legal battle continues, the endless wait for GSTAT’s full functionality stretches on.

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