‘Flawed’ appointment of 11 members to TNPSC quashed

The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan in its order held, “The process was deeply flawed without following any transparent process and defeating the very constitutional scheme for such appointment, the result of which is natural, i.e., all these appointments are quashed.” 

The bench also held that “It is time that a greater thought is given to such appointments and they are not treated as a part of the spoils system, with proper process being envisaged to ensure that men/women of integrity, calibre and qualification are appointed to the post.” 

The pleas against the appointments were moved by DMK’s Organising Secretary T K S Elangovan, Advocates’ Forum for Social Justice represented by its president K Balu and Dr K Krishnasamy, founder-president of Puthiya Tamilagam party. They had contended that institutional integrity was violated by appointing largely people who were advocates by profession and supporters of the ruling party in the state. 

One of them was a retired district judge whose tenure was not extended beyond 58 years, while another was a professor working in a private engineering college, the plea had contended.   

The Madras High Court in a landmark judgement, while quashing the appointment of 11 Tamil Nadu State Public Commission (TNSPC) members, has held that this appointing process or lack of it is owing to the misconception that the appointment is part of the spoils system based on the patronage of the state government and not requiring men who are “independent”.

Observing that this lack of process appears to have escaped the attention of the Governor himself while making the appointments, the first bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan, said, “It is also evident from the material that the whole process of selection commenced on January 30, 2016 (Saturday) and concluded on January 31, 2016 (Sunday/non-working day), and within this time, the file was initiated, approved, character verification done and appointment made.” 

The 11 people, most of whom are AIADMK party lawyers, appointed within a day of deliberations were former district judge V Ramamurthy, R Pratap Kumar, V Subburaj, S Muthuraj, M Sethuraaman, A V Balusamy, M Madasamy, P Krishna Kumar, A Subramanian, N B Punniamoorthi and M Raja Ram, IAS.

After being slammed by the Madras High Court, the Hindu Religious and Charitable Endowments (HR & CE), Commissioner, appeared in Court on Thursday and apologised for his stand on stalling any meaningful role for UNESCO in protecting heritage temples.

The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar, said, “We have heard the Advocate General, who assures that explicitly the letter dated December 19, 2016 shall be withdrawn in toto and the UNESCO would be assured that they are going to be welcomed to perform their tasks which they propose to do.”

It also held that “If their visit to sanctum sanctorum for religious reasons may not be feasible, they can always be informed of the same at that stage of time. It would be indicated in writing to the UNESCO that the workshop to be conducted by it would be welcomed.” 

The bench also sought the HR&CE Commissioner to reject in toto and ameliorate the unwelcome indication to the UNESCO by filing a proper affidavit and posted the case for further hearing to January 12. The PIL pertains to the irreparable damage being caused to heritage temples in the name of renovation by HR&CE Department. The court on Wednesday had slammed the official for taking a stand subversive of its directions and sought to prevent any meaningful role for UNESCO.