The Orissa High Court has dismissed a writ petition challenging the selection process for Judicial Members of the Goods and Services Tax Appellate Tribunal (GSTAT), bringing temporary closure to a legal tussle that had cast uncertainty over the tribunal’s impending operations.
A petitioner 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, 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.
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.
The court dismissed the writ petition.
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
