54
54. Now, we find from Pages 45, 46 and 47 of the
paper book that the meetings for appointments of the
Information Commissioners were convened in so far as
Nashik is concerned on 26.5.2009, 30.6.2010, 12.7.2010
and 14.9.2010 and on all these dates, the meetings were
deferred. The meeting ultimately took place on 6.10.2010
of which date, the minutes of the meeting have already
been reproduced hereinabove. The meeting to select the
Information Commissioner Aurangabad was held on
6,10.2010 and in that meeting itself, the decisions were
taken with regard to the said posts for Nagpur and of the
Chief Information Commissioner. It would further appear
that for Nashik, there were as many as 29 Applicants, but
except for the Applicant about, whom we have gathered the
details from this O.A. itself, no details are there in respect
of the 28 other candidates. It is also clear, however, that
the Respondent No.4 was ultimately appointed for Nashik.
We find from the record that the Respondent No.4
addressed a communication directly to the Chief Minister
on 25,5.2009 whereunder he also submitted his Bio-data.
At Page 63, there is a strong recommendation from the
Deputy Chief Minister for the Respondent No.4, who
commended him for his good performance and 9 0
utilize his services for public good. The Minist
"“OS\ _- |55
Public Health and Family Welfare by her letter of 15%
June, 2009 also recommended the said Respondent.
55. The Respondent No.3 Shri Patil applied to the
Chief Secretary on 12.3.2010 and although he had
addressed it to the Chief Secretary, he apparently handed
it over to the Personal Secretary of the Deputy Chief
Minister in Mantralaya on 234 March, 2010.
56. The Respondent No.5 made an application on
6.5.2009 to the Chief Minister and then again on
14.9.2010, he made another application to the Chief
Minister for the post at Aurangabad, Mumbai or Nashik.
57. Very pertinently, there is a communication of 21st
December, 2010 by way of reply under RTI to one Shri
Dilip S. Patare in response to his query of 18.10.2010
whereby he was informed iriter-alia that for the post of
Information Commissioner, Nashik, Aurangabad and
Nagpur, 6, 4 and 2 applications respectively were received.
‘The details were annexed to the reply. But those details
are not there in this O.A. It appears from the said
response that at the time, there was vacancy at Nashik.
The willingness of the candidates was called. But in due
Looe56
course, for the vacancies arising afterwards, such
willingness was not called.
58. The above discussion would make it very clear
that the whole process was almost endless and:it was not
clear as to by which date and to whom the applications
were to. be presented. We are conscious of the fact that
there should be some jelbow room; in the matter of
appointments to the higher posts. But then, the whole
thing cannot be stretched to such limits where anybody
and anyone can apply at any point of time. There is no
last date so to say. In fact, we have got the record of the
Respondents 3, 4 & 5 only apart from the record of the
Applicant and we find that during the periods separated by
even months and a year, the applications were made again
and again. In Para 4.2 of. the Affidavit-in-reply of
Respondents 1 & 2 (Page 120 of the paper book), it is
Clearly accepted that no applicatiofis were invited by. the
State and “the State in his own wisdom has to formulate a
Committee and recommend the name of the eligible
persons to the Hon’ble Governor as envisaged in Right to
Information Act, 2005”. This in our view is a little too
much to accept. We have already observed that the law
laid down by the Hon’ble Supreme Court is that the-said
posts are administrative posts. They are publié posts so to’. .57
say, and therefore, all the constitutional provisions
including Article 16 of the. Constitution are attracted. A
golden thread that runs smoothly across the entire
constitution — which inter-alia _ proscribes _ hostile
discrimination is fully applicable, and therefore, the higher
the posts and the higher the status of the selection
committee, the more is the need to be transparent fair and
just. They are free to device their procedure which must
however be fair and just. We must make it very clear that
the Applicant does not challenge the appointments on any
specific ground as such. In fact, he himself may be sailing
the same boat as were the selected Respondents, and
therefore, whatever the Applicant might say in the ultimate
analysis we need not necessarily accept his case for
appointment to Nashik. Mr. Chandratre, the learned
Advocate appearing for the Respondents 3 & 4 was in a
way right in contending that whatever the Applicant might
say, he was in fact considered for the said post. That was
his right. ‘He can claim no right to be selected. But all
that we cannot ignore, the procedure adopted to make
selections which must engage our attention because the
Applicant has put question marks thereon. Whether he
himself succeeds or not in.the.matter of appointment is a
different matter. But,
\ be in accordance
ENC
‘procedure itself must be found to
ional mandate and58
requirement. At this stage itself, we may mention that they
did not entirely meet therewith.
59. We have already observed as to how the place of
submission of applications was not something that should
win instant approval. The Deputy Chief Minister as the
things were to reveal in due course was a member of the
Selection Committee and the Applicants (Respondents as
discussed hereinabove) submitted applications in the office
of the Dy. Chief Minister and he hailed the said Applicant
for his quality of head, heart and mind. This should
ultimately amount to saying that he recommended the case
of that Applicant to himself because he was a part of the
Selection Committee. No doubt, a judicial forum does not
have to indulge in pointless and directionless nit picking,
but then this, in our view, is not an infirmity that should
not be seriously viewed. The precise Rules and
Regulations that are observed in relation to the
appointments to other regular public services may not be
followed strictly in case of such exclusive and higher posts.
But then, to have a kind of an open field and a free for all
like situation and the process having been kept open ended
for long are also not something that can be countenanced.
We must repeat times out of number that even if thefe may
not be a Public Service Commission like schedule, but