HYDERABAD: In a setback to the Andhra Pradesh government, the High Court on Friday set aside the order of the state government appointing Mala Mahanadu chief Karem Sivaji as chairperson of AP Schedule Castes and Schedule Tribes commission on the ground of both “illegality” and “procedural impropriety”.
Justice M S Ramachandra Rao was passing this order in a petition filed by J Prasad Babu and four others of East Godavari district who contended that the appointment of Sivaji was made on political grounds though the post was to be filled with eminent persons and the GO issued on April 13, 2016 appointing him as chairman was not valid as the commission itself was constituted in violation of law.
On earlier occasion, the government counsel submitted that the state has got the discretion to choose the person of its choice to appoint him as chairman to the commission. The counsel for Sivaji contended that the appointment of his client was not made on political grounds and that the government has power to choose the eligible persons from the SC and ST communities to appoint as chairman to the commission.
The judge had called for the records and found that the government had failed to follow a transparent or objective process. The membership of the commission and the chairmanship cannot be regarded as an instrument of conferring largesse on a chosen few. The appointment of chairman under the AP State Commission for Scheduled Castes and Scheduled Tribes Act, 2003 cannot be based upon general principle of ‘spoils system or pleasure doctrine’.
The judge, in his order, reminded that the chairman and members of the commission perform variety of highly important functions and exercise various important powers in order to safeguard the interests of SCs and STs under the Constitution.
These posts cannot be compared with the posts of director of State Road Transport Corporation who merely performs ordinary administrative functions and have no constitutional and social obligations. “No evidence is placed before me to show that the scrutiny of candidates was done”, the judge pointed out.
While allowing the petition, the judge directed the government to follow a transparent method such as inviting applications from interested persons through advertisement and constituting a search committee to suggest suitable candidates keeping in mind the parameters of integrity and track record of candidates whose names are considered.
The judge reminded that the government must appoint people who can be treated as eminent persons. It shall consider persons from all walks of life including judges and civil servants whose contribution to the upliftment of SCs and STs is well documented so that the commission inspires confidence of the people at large. The judge said that he had not expressed any opinion about the eligibility of the petitioner or Karem Shivaji for being considered for the said post.