Point of Law : Mere grant of less marks to the petitioner by the Committee is no ground to hold that Members of the Selection Committee were biased against the petitioner. Leaving everything aside, there was no specific allegation of bias against Members of Selection Committee.

ORDER :

Since both the petitions have been filed by the same petitioner and same and similar questions of facts are involved therein, therefore, both were being heard together and are being disposed of vide this common order.

2. In CWP No.3598 of 2020 petitioner has laid challenge upon the selection and appointment and in CWP 4399 of 2021 upon the joining of Mr.Yashwant Singh Chogal who is respondent No.2 and 3 respectively in both the petitions.

3. Being aggrieved and dissatisfied with the action of respondents No.1 and 2 in CWP 4399 of 2021 inasmuch as they accepted the joining of respondent No.3 to the post of Member (Law) of Himachal Pradesh Electricity Regulatory Commission (hereinafter referred to as the ‘HPERC’) after inordinate delay, petitioner, who also participated in the selection process and was at Serial No.3 in the merit list, has approached this Court in the instant proceedings under Article 226 of the Constitution of India praying therein for the following main relief(s) made in CWP No.4399 of 2021 as well as in CWP No.3598 of 2020:-

CWP 4399 of 2021:-

“(i) That appropriate writ, order or direction may very kindly be issued declaring the acceptance of joining of respondent No.3 to be illegal, null and void being contrary to the provisions of law, as it has already elapsed after a period of one month, in the interest of law and justice.”

CWP 3598 of 2020:-

“a Quash Annexure P-5 and Annexure P-10, the selection and appointment of respondent No.2 as Member Law of the H.P. State Electricity Regulatory Commission.

b. Quash the penal Annexure P-5 prepared by the selection committee in violation of law laid down by the Hon’ble Supreme Court of India and criteria adopted by Committee in violation of their own procedure adopted and keeping the merit of the candidates away, while selection.

c. To direct the respondent no.4 to 6 to revisit the entire selection process after considering all the facts narrated hereinabove.

d. To direct the respondent no.1 to consider the petitioner for appointment in place of respondent no.2.”

4. For having bird’s eye view certain undisputed facts, which may be relevant for adjudication of the case at hand, are that on 27.05.2020, respondent No.1 invited the applications for the post of Member (Law) in the office of HPERC - respondent No.2. Petitioner, who is a designated Senior Advocate and is a part time Member of the H.P. State Consumer Commission, being fully eligible had also applied for the post detailed hereinabove. Respondent No.3, who at that relevant time, was posted as LR-cum- Secretary (Law) to the Government of Himachal Pradesh also submitted an application for appointment as Member (Law) in the HPERC. Respondent No.1 in terms of provisions contained under Section 85(1) of Electricity Act, 2003 (hereinafter referred to as the ‘Act’) constituted a Selection Committee consisting of:-

(1) Justice P.S. Rana, (Retd.), Chairperson, H.P. State Human Rights Commission as Chairperson of the Selection Committee.

(2) Shri Anil Khachi, Chief Secretary to the Government of Himachal Pradesh as Member of the Selection Committee.

(3) Shri P.K. Pujari, Chairperson Central Regulatory Commission, New Delhi, as Member of the Selection Committee.

5. Selection Committee adopted its own procedure for selection, wherein it decided that each Member would award marks individually out of total 10 marks on the basis of documents submitted by the applicants. Selection Committee also decided that marks awarded by the Members would be aggregated and thereafter would be divided by three in order to prepare merit of panel. On the basis of aforesaid analogy/procedure, Selection Committee, in its meeting held on 16.07.2020, prepared the merit list and recommended panel of names for appointment on the basis of merit as follows:-