Supreme Court refused to stay a Madras High Court decision to quash the appointment of 11 members, including a “prematurely retired” district judge, of the Tamil Nadu Public Service Commission (TNPSC) by the earlier Jayalalithaa government.
Fresh selection order
SC directed the Tamil Nadu government to conduct fresh selection of the TNPSC members after a “meaningful, deliberative process.” The apex court specifically ordered that the retired district judge in question would be ineligible for fresh selection.
Flaws in appointment
1. SC asked why the Tamil Nadu government chose to appoint him to the TNPSC, when the judiciary had retired him at 58 without offering him extension of service till the age of 60.
2. The Bench noted how the entire appointment process of the 11 members was completed in a “single shot, in one day.
3. SC also questioned the State on the ground how a Public Service Commission of Class 10-pass persons interview Class 1 officer-candidates.
4. Chief Justice Khehar said just because the Constitution leaves it to the State’s wisdom to appoint its administrative officers and devises no procedure whatsoever, it does not mean that such appointments can be made arbitrarily and without consideration.