Andhra Pradesh: Telangana High Court has ruled that the government cannot arbitrarily scrap a panel prepared for the appointment of law officers without giving valid reasons or following a fair and transparent process. The Court clarified that while inclusion in a panel does not guarantee appointment, every eligible candidate has a constitutional right to be considered fairly under Article 14 of the Constitution of India.
Law Officers Appointment Panel: What did the Telangana High Court say?
The judgment was delivered by Justice N. Tukaramji while hearing a writ petition filed by an advocate whose name was removed from a revised panel for appointment as Government Pleader.
The Court observed that the Government has the power either to appoint a candidate from an existing panel or seek a fresh panel. However, this power cannot be used in an arbitrary or unreasonable manner.
According to the Court, any such decision must be supported by valid reasons and follow the principles of fairness, transparency and natural justice.
Law Officers Appointment Panel: Why was the petition filed?
The petitioner had earlier served as an Assistant Government Pleader in Jangaon. He argued that his name was included in the first panel prepared by the District Collector and District Judge for appointment as Government Pleader before the Principal District Court, Jangaon.
However, the authorities later prepared a second panel that excluded his name without cancelling the first panel, issuing a fresh notification or inviting new applications. He also claimed he was never given an opportunity to explain before being removed.
State Government’s stand
The Telangana Government defended its decision by stating that:
- The petitioner had been discontinued under a policy decision.
- The revised panel was prepared after verifying candidates’ antecedents.
- The petitioner had allegedly suppressed facts about a pending criminal case.
- Inclusion in a panel does not create a legal right to appointment.
What Legal Principle did the Court Rely on?
The High Court referred to the Supreme Court’s judgment in Shankarsan Dash v. Union of India, which says that being included in a selection panel does not create an absolute right to appointment.
However, the Court stressed that the selection process must still satisfy the constitutional requirement of fairness under Article 14.
Law Officers Appointment Panel: Court finds Procedural Unfairness
The Court noted that the petitioner’s alleged adverse antecedents were already known when the first panel was prepared.
Despite this, his name had initially been recommended.
The judges also found that the authorities prepared a fresh panel in an unusually short period without formally cancelling the first panel or recording reasons for doing so.
This raised serious concerns about the fairness and transparency of the entire process.
Law Officers Appointment Panel: Final Order of the High Court
The Telangana High Court set aside the revised panel only to the extent that it affected the petitioner’s right to fair consideration. The Court directed the authorities to conduct the appointment process again in accordance with G.O.Ms. No. 187, constitutional principles and procedural fairness.
At the same time, the Court made it clear that it was not directing the appointment of the petitioner. The Government remains free to assess the merit, suitability and antecedents of all eligible candidates before making a fresh decision.
