Court finds State action arbitrary and violative of constitutional principles, demands fair reconsideration
In a significant judgment, the Telangana High Court, presided over by Justice N. Tukaramji, has set aside the revised panel for the appointment of the Government Pleader for the Principal District Court, Jangaon, ruling the process as arbitrary and non-compliant with constitutional mandates. The court directed the state to undertake a transparent and fair selection process, adhering to procedural safeguards and principles of natural justice.
The petitioner, Varikota Ramgopal, a seasoned advocate with prior experience as an Assistant Government Pleader, contested the exclusion of his name from the second panel, which was prepared without superseding the first duly constituted panel. The court observed that such action violated Articles 14 and 21 of the Constitution, which ensure fairness and protection of livelihood, respectively.
The bench highlighted procedural lapses, such as the absence of a formal cancellation of the first panel, lack of notification to affected candidates, and the failure to record reasons for the exclusion of candidates. These omissions were deemed contrary to G.O.Ms. No.187, a government order regulating such appointments, and the broader constitutional framework demanding fairness in state actions.
Citing landmark judgments like Maneka Gandhi v. Union of India and Ramana Dayaram Shetty v. International Airport Authority of India, the court reaffirmed that state actions must be just, fair, and reasonable, devoid of arbitrariness. The doctrine of legitimate expectation was also invoked, emphasizing that candidates included in a panel have a right to expect fair consideration.
The court, while acknowledging that inclusion in a panel does not guarantee appointment, underscored the state's obligation to ensure a non-arbitrary selection process. The judgment mandates the respondents to reconsider the appointment process, ensuring fair and equitable treatment to all eligible candidates, including the petitioner.
This ruling emphasizes the judiciary's role in upholding constitutional principles in administrative actions, particularly in appointments, reinforcing the need for transparency and adherence to established procedures.
Bottom line:-
Action of respondents in disregarding a duly constituted panel for appointment of Government Pleader and preparing a revised panel without adhering to principles of natural justice, fairness, and prescribed procedure under G.O.Ms. No.187, held arbitrary and violative of Article 14 of the Constitution of India.
Statutory provision(s): Article 14, Article 21, Article 226 of the Constitution of India; G.O.Ms. No.187, Law Department
Varikota Ramgopal v. State of Telangana, (Telangana) : Law Finder Doc id # 2891154
