2025-VIL-662-ORI
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SGST High Court Cases

GST - GST Appellate Tribunal, Search-cum-Selection Committee, Reconstitution of Committee, Applicability of Rules - The petitioner applied for the post of a Member in the GSTAT. The Search-cum-Selection Committee shortlisted the petitioner for personal interaction, however, when the Committee was reconstituted due to the demitting of office by one of its members, the reconstituted Committee did not include the petitioner in the shortlist for personal interaction, and instead decided to start the process de novo after considering the feedback from the Intelligence Bureau - Whether the reconstituted Search-cum-Selection Committee can start the selection process de novo, or it is bound to continue from the stage where the earlier Committee had left the process – HELD - The reconstituted Search-cum-Selection Committee can start the selection process de novo, and is not bound to continue from the stage where the earlier Committee had left the process - The provisions of Rule 3 of the GSTAT (Appointment and Conditions of Services of President and Members) Rules, 2023 do not expressly prohibit the reconstituted Committee from starting the process de novo. The interpretation of the statutory provisions should be done in a pragmatic manner to uphold the intention of the lawmakers and to make the provisions workable, rather than rendering them otiose or redundant - The suitability and integrity of the appointees to the GSTAT is of paramount importance, and the Committee, comprising high-ranking constitutional authorities, should be allowed to exercise its discretion in the selection process - The opinion of the Intelligence Bureau should be given due importance, and the Court should not sit in appeal over such decision of the constitutional authorities - The reconstituted Search-cum-Selection Committee did not act illegally in deciding to start the selection process de novo after considering the feedback from the Intelligence Bureau - The writ petition is dismissed
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