Team Herald
MARGAO: The Bombay High Court at Goa set aside the State government's notification appointing retired District Judge Cholu Gauns as a member of the Goa Real Estate Regulatory Authority (RERA) and directed the appointment of retired District Judge Vincent D'Silva, the Selection Committee's first choice for the position.
A division bench comprising Justices M S Karnik and Valmiki Menezes ruled in favour of D'Silva, who had challenged the government's decision to appoint Gauns despite the Committee’s recommendation. The Selection Committee, headed by a Senior Bombay High Court judge and including the Housing Secretary, Law Secretary, and Urban Development Secretary, had shortlisted two candidates, with D'Silva as their first preference. The State government, however, opted for Gauns, prompting D'Silva to seek legal intervention.
Senior Advocate Cleofato Almeida Coutinho, representing D'Silva, argued that the government’s decision was arbitrary and in violation of the Act and Rules. He emphasised that the Selection Committee had clearly preferred D'Silva, only recommending Gauns if D'Silva was unwilling to accept the position.
"The State government cannot sit in appeal over the recommendations of the Selection Committee, which was made after considering the entire materials on record and by a committee headed by a Senior Judge of this Court," said Adv Coutinho.
In response, Advocate General Devidas Pangam defended the government's decision, asserting that the Committee’s recommendations were not binding, and the government had given “valid reasons” for choosing Gauns.
The AG also pointed out that in the event, the order of the State government did not stand the scrutiny of the Act and the Rules, the court can quash the decision and send the matter back to the State government for consideration but that under no circumstances could the Court issue a mandamus directing that the petitioner be appointed as a 'Member' of RERA.
Senior Advocate J E Coelho Pereira, representing Gauns, vehemently opposed the petition and presented various submissions to support justifying the choice of Gauns’s appointment by the government, which he said could not be termed as arbitrary or illegal. Pereira also called for the petition to be dismissed on the grounds of delay and laches. He also pointed out that Gauns had already taken over charge and was efficiently discharging duties as a Member of RERA and thus the appointment of Gauns should not be disturbed with.
After hearing arguments from all sides, the High Court found no valid reasons for the government’s decision to overlook the Selection Committee’s recommendation. The bench rejected the government's arguments, emphasising that while the Selection Committee's recommendation may not be binding in the strict sense, the government cannot arbitrarily ignore it without valid reasons. The court quashed Gauns' appointment and directed the government to appoint D'Silva as a member of RERA.
In conclusion, the HC issued the following order, “The decision of the Government taken on June 30, 2024 to appoint Shri Cholu Gauns be quashed aside and set aside and by an order of mandamus, the Chief Secretary and the Director of Urban Development be directed to appoint the petitioner as Member of GOA RERA.”
At this stage, Adv Coelho Pereira, requested for staying the operation of this judgement for four weeks, but the bench rejected the request.