Selective Personal Interaction for GSTAT Judicial Member Post: Orissa HC Issues Notice [Read Order]
The Court noted the issue required attention, allowed the selection process to continue but stayed any final decision until the next hearing, scheduled for June 20, 2025
Notice – GSTAT – GSTAT Judicial Member Post – Taxscan
Notice – GSTAT – GSTAT Judicial Member Post – Taxscan
The High Court of Orissa issued notice in a challenge against the Search-cum-Selection Committee’s method of conducting selective personal interactions for the Judicial Member post of the Goods and Services Tax Appellate Tribunal (GSTAT).
Pranaya Kishore Harichandan, appellant-assessee, stated through his counsel, Mr. Dash, that after a press release on 15.02.2024, the petitioner applied for the Judicial Member post in the GST Appellate Tribunal. The Search-cum-Selection Committee shortlisted him and called him for a personal interaction, which he attended. Later, the petitioner found out that the Committee asked some shortlisted candidates for another personal interaction on 31st May 2025, but he was not called.
He argued that Rule 3(4) of the GST Appellate Tribunal Rules, 2023, did not allow the Committee to separate shortlisted candidates and call only some for further interaction. The Rule required the Committee to assess all eligible candidates once and recommend two names per post based on overall assessment.
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The counsel said the Committee should have recommended names after the first interaction and could not hold another round for some candidates only. Since the petitioner was excluded from the second interaction, it violated the Rules. He asked the Court to intervene in the matter.
In response, the DSGI Mr. Parhi and CGC Mr. D. Gochhayat appeared for the Union of India and filed their appearance, which was recorded. Mr. Parhi asked for more time to get detailed instructions. He pointed out clause 4 of Form-1 and Rule 19 of the Rules, saying the Committee had the power to call candidates for further personal interaction under Rule 3(4).
He also requested the Court to fix an early date so they could get instructions before making a final decision on the Judicial Member selection. He sought permission to clarify how some candidates were called again for personal interaction, as claimed by the petitioner.
The division bench of Justice K.R.Mohapatra and Justice M.S. Sahoo found that the matter needed attention and issued notice. Since Mr. Parhi accepted notice for the opposite parties, the Court asked the petitioner to give him three extra copies of the brief within three days to get instructions.
The matter was listed for 20th June 2025, and the Court asked that instructions be taken before then.
In the interim application, the Court saw a prima facie case in the petitioner’s favour and allowed the selection process to go on but directed that no final decision be made until the next hearing.
To Read the full text of the Order CLICK HERE
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