Relief for HPPSC member Meera Walia
Legal Correspondent
Shimla, January 1
The High Court today dismissed the petition challenging the appointment of Meera Walia as Member of the Himachal Pradesh Public Service Commission.
What the HC Bench said
- The appointment of Meera Walia as member of the Himachal Pradesh Public Service Commission has been made by adopting and following the due procedure as mandated by the Constitution
Dismissing the petition, a Division Bench comprising Chief Justice L Narayana Swamy and Justice Jyotsna Rewal Dua observed, “The function of the Executive in a democratic country is to be done at various levels by various persons. In respect of the state, the chairman/members of the public service commission are to be appointed by the Governor on the recommendation of the Chief Minister and in respect of Union, by the President of India.”
The Bench further observed, “Therefore, it is to be presumed that the constitutional appointments have been made by the President and the Governors by following the proper procedure. Once the appointment is over, it is to be presumed that the authorities have examined and found that the persons appointed as members/chairman are fit to be appointed as such.”
However, the court further observed, “It is absolutely essential that the best and finest talent should be drawn in the administration and administrative services must be comprised of persons who are honest, upright and independent and are not swayed by political winds blowing in the country. The selection of candidates for the administrative service must, therefore, be made strictly on merit, keeping in view various factors which go to make a strong, efficient and people-oriented administrator. This can be achieved only if the chairman and members of the commission are eminent person possessing a high degree of calibre, competence and integrity, who will inspire confidence in the public mind about the objectivity and impartiality of the selections to be made by them.”
The petitioner Hem Raj challenged the appointment of Meera Walia on the ground that while appointing her, the authorities have ignored the provisions prescribed for the appointment of a member in the HPSPSC.
The petitioner further alleged that the decision of the appointment of Meera Walia was taken by the then Chief Minister and not by the state government.
Rejecting the contentions of the petitioner, the court observed, “That the appointment of Meera Walia has been made by adopting and following the due procedure as mandated by the Constitution of India.”
