In yet another setback to the Uttar Pradesh government, the Allahabad high court on Wednesday quashed the appointment of Uttar Pradesh Public Service Commission’s (UPPSC) chairman Anil Kumar Yadav.
The court held Yadav’s appointment arbitrary, illegal and against the provisions of the Constitution of India.
The high court also ordered the state government to start a fresh selection process for appointment to the post.
The order was passed by a division bench, comprising Chief Justice DY Chandrachud and Justice Yashwant Verma while hearing a public interest litigation (PIL) filed by advocate Satish Kumar Singh and others, who had challenged the appointment of Yadav to the post.
The petitioners had urged the court to restrain the UPPSC chairman from holding the office as there were several FIRs lodged against him. UPPSC chairman Anil Yadav had filed a personal affidavit opposing the PIL seeking his removal. In his reply, Yadav had informed the court that all the criminal cases against him were lodged by political rivals during his student life.
On an earlier date, the court had asked the state government to explain on what basis Yadav was appointed to the post of UPPSC chairman ignoring the candidature of 82 persons who had a good academic background and better qualification.
The court had also put the original records of the UPPSC chairman’s appointment in a sealed envelope and directed the registrar general of the Allahabad high court to keep it in safe custody. In its order, the high court observed that the state government had breached its constitutional duty and the entire enquiry regarding the integrity and character of Yadav was done within a single day “without any application of mind.” The mentioned day was March 31, 2013 which happened to be a Sunday.
“A person to be appointed to a constitutional body must be without any blemish whatsoever. The service condition of being a civil servant is not the sole criteria for appointment. Institutional competency and institutional integrity are important,” the court said.
The state government is yet to take a decision about its next move on the court’s decision.
“The state government is yet to get the orders of the Allahabad high court. We will examine the order and take appropriate decision on the issue,” said an official spokesman here.
(With inputs from Jitendra Sarin)