Rajasthan HC questions RPSC appointment criteria, seeks original records
Synopsis
Key Takeaways
The Rajasthan High Court on Wednesday, 1 July directed the state government to disclose the criteria used for appointing the Chairman and members of the Rajasthan Public Service Commission (RPSC), and to produce the original appointment records before the court. The order came during the hearing of Public Interest Litigations challenging appointments made in 2023, hours before the Model Code of Conduct came into force ahead of the Rajasthan Assembly elections.
Background to the PILs
The petitions were filed by the Society for Public Grievance and petitioner Subhash Siyag, challenging the appointments of RPSC Acting Chairman Lt Col (retired) Kesari Singh and members Kailash Chand Meena and Ayub Khan. According to the petitions, all three were appointed by then Chief Minister Ashok Gehlot just hours before the Election Commission of India announced election dates and the Model Code of Conduct took effect — a timing that petitioners argue was deliberate and politically motivated.
What the Court Observed
The order was passed by a Division Bench comprising Acting Chief Justice S.P. Sharma and Justice Manish Sharma. The Bench noted it had already observed the functioning of these members during the hearing of the Sub-Inspector (SI) recruitment case. The court asserted its authority to judicially review constitutional appointments, rejecting the state government's contention that the matter involved service appointments and therefore could not be challenged via a PIL.
Key Directions Issued
The High Court directed the government to disclose the criteria followed while selecting the Chairman and members of the RPSC. It also asked whether the appointees had submitted formal applications prior to selection, and ordered that original appointment records be produced for judicial examination. These directions signal the court's intent to scrutinise the process, not just the outcome.
Petitioners' Arguments
Advocates Shivcharan Gupta and Himanshu Jain, appearing for the petitioners, argued that the appointments amounted to political placements in a constitutional body entrusted with conducting government recruitments. They contended that RPSC appointments must be merit-based rather than driven by political considerations. The petitioners also cited videos allegedly showing Kesari Singh making political remarks on social media, arguing such conduct was incompatible with holding a constitutional office.
What Comes Next
The state government is now required to place the appointment criteria and original records before the court at the next hearing. Lt Col (retired) Kesari Singh had recently been given additional charge as RPSC Chairman following the retirement of former chairman and ex-DGP Utkal Ranjan Sahoo. The court's scrutiny could have wider implications for how constitutional bodies in Rajasthan — and potentially other states — handle last-minute appointments ahead of elections.