HC quashes Sivaji’s appointment as SC/ST panel chief
Justice M.S. Ramachandra Rao of the Hyderabad High Court on Friday quashed the appointment of Karem Sivaji as Chairman of A.P. State Commission for Scheduled Castes and Scheduled Tribes.
The judge reminded that this is social legislation and sweet will and pleasure of political executive should not be the basis.
The judge was hearing a writ petition filed by J. Prasad Babu and others, who complained that the appointment of Sivaji was illegal.
The court found that the government failed to follow a transparent or objective process.
The judge remarked that the membership of commission and the Chairmanship cannot be regarded as an instrument of conferring largesse on a chosen few. The appointment of Chairman under A.P. State Commission for Scheduled Castes and Scheduled Tribes Act, 2003 cannot be based upon the general principle of ‘spoils system’ or pleasure doctrine.
The Judge said: “Conclusion is inevitable that respondents assumed that the post can be filled under political spoils system which it is not.” The appointment was set aside on the grounds of ‘illegality’ and ‘procedural impropriety’.
The court reminded that chairman and members perform the variety of highly important functions and exercise various powers to safeguard the interests of SC and ST under the Constitution. The judge said that “No evidence is placed before me to show that scrutiny of candidates was done.”