PANAJI: The high court of Bombay at Goa has quashed and set aside the appointment of retired district court judge Cholu Gauns as a member of Goa Real Estate Regulatory Authority (RERA), Goa, and directed state govt to appoint retired district judge Vincent M D’Silva in his place.
The court rejected a request by senior advocate J E Coelho Pereira, representing Gauns, to stay the judgment for four weeks. D’Silva, represented by senior advocate Cleofato Almeida, had challenged Gauns’ appointment.
The high court stated that govt’s decision to disregard the selection committee’s preference for D’Silva over Gauns was unjustified. It also found no evidence to support govt’s claim that Gauns had extensive experience in social administration.
The court also observed, “Undoubtedly, state govt has the power to appoint a person not according to the order of preference, but for that, state govt has to record the reasons in writing. In the present case, we find that the reasons are not based on any supporting materials and are unjustifiable.”
“There is no whisper as to why the detailed consideration of the committee recommending the petitioner (Vincent M D’Silva) over the respondent no 3 (Cholu Gauns) is brushed aside. Not only that, but there are no compelling reasons, much less justifiable reasons, brought on record as to why the appointment made is not according to the order of the preference by the selection committee,” the high court stated.
“If the appointment is not to be in accordance with the order of preference, the same has to be for reasons in writing,” the high court stated, adding that a high degree of sanctity has to be attached to recommendations of the committee which cannot be brushed aside lightly.
The committee had recommended the panel of D’Silva and Gauns in that order of preference, but state govt, while appointing Gauns, cited his “wide experience in social administration and legal fields” as reasons for his appointment. However, high court found no evidence to justify this. Senior advocate Pereira said Gauns was a member of the village panchayat and therefore can be said to have adequate knowledge of social service.
“We find that there is absolutely no material to support the observation that respondent no 3 had wide experience in any other field apart from law. State govt, while appointing respondent No 3 not in the order of preference of the selection committee, considered his wide experience in social administration and legal fields.”
