PANAJI: The Supreme Court has dismissed the special leave petition of a retired district court judge, Cholu Gauns, challenging the high court order which had quashed his appointment as a member of the Goa Real Estate Regulatory Authority (Rera).
The HC had also directed state govt to appoint retired district judge Vincent M D’Silva in Gauns’s place. The SC bench, comprising the Chief Justice and Justice Manoj Misra, heard Gauns.
“We are not inclined to entertain the special leave petition under Article 136 of the Constitution of India,” the SC said. Last month, the HC ruled that state govt’s decision to disregard the selection committee’s preference for D’Silva over Gauns was unjustified. The HC said no evidence supported govt’s claim that Gauns had extensive experience in social administration.
“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,” the HC said. “In the present case, we find that the reasons are not based on any supporting materials and are unjustifiable.”
The selection committee had recommended the panel of D’Silva and Gauns in that order of preference. However, state govt, while appointing Gauns, cited his “wide experience in social administration and legal fields” as the reasons for his appointment.
