Judges found unfit by High Court can’t be made TNPSC members

The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice R. Mahadevan while holding that the quashing of the appointment is not a reflection on the merits of ten of the candidates who were selected, since the process was never gone into and their appointments were made without any process, singled out the appointment of a district judge, V Ramamurthy, who was not allowed to continue in service beyond the age of 58. 

The bench on holding that Ramamurthy is ineligible for the post of the Member of the State Public Service Commission, for that matter any other post retirement judicial post, said “He, having been eliminated as not fit for an extended tenure, could not have been found fit for appointment to the post of the august office of a Member of the State Public Service Commission.” 

The bench also held that “Could a person be treated as eligible for appointment to the post of a Member of the State Public Service Commission when he has been found unfit to continue as a District Judge and weeded out of service? Our view would be that he was neither eligible nor suitable, as eligibility cannot be in vacuum.” 

It may be noted that the records of the High Court show that the Administrative Committee resolved not to continue the services of Ramamurthy beyond the age of 58 years on February 5, 2015 and the Full  Court approved the same on February 9, 2015. The High Court had also refused to dispense his services of being appointed as Law secretary as sought by the State government. 

However, the bench in its order also opined that any future appointment to TNPSC must keep in mind the requirements set forth in the various judicial pronouncements broadly enumerated as: (a)Integrity, calibre and qualification read into the Constitutional scheme; (b)An awareness in public domain to have a wider pool of talent; (c)A proper character and antecedent verification by a meticulous enquiry and scrutiny; (d) A meaningful and effective deliberative/consultative process; and (e) The Constitutional/ functional and institutional requirements of the Public Service Commission to be kept in mind.