In his petition Adv. Aires Rodrigues besides the Chief Secretary of Goa has named Kurupati Dwarkanath Row and Chief Minister Manohar Parrikar as respondents.
Alleging that the appointment of Kurupati Dwarkanath Row as Chairman of GPSC was unconstitutional, illegal & void, Adv. Rodrigues has in his petition stated that the appointment was arbitrarily there being no system for selection, without any selection committee, with no criteria or evaluation and without any transparency.
Referring to the documents obtained by him under the Right to Information Act , Adv. Aires Rodrigues has submitted that Kurupati Dwarkanath Row, a relative of Chief Minister Manohar Parrikar was appointed as Chairman of the GPSC solely on the recommendation of the Chief Minister, in a very arbitrary and malafide manner, to favour his own relative.
Pointing out that under Article 316 (1) of the Constitution of India, the minimum requirement for the Chairman of GPSC was experience of ten years under the Govt of India or the State Govt, Adv. Rodrigues has in his petition further stated that the experience of Kurupati Dwarkanath Row was with a Govt company Air India, and not experience under the State Govt or the Govt of India as was required.
Seeking that the appointment of Kurupati Dwarkanath Row as Chairman of GPSC be quashed and set aside as it was grossly malafide and a fraud on the Constitution of India, Adv. Rodrigues has alleged that the selection was not an informed process of decision-making in as much as the State Government had not collected information and material on whether Kurupati Dwarkanath Row had the experience, ability and character to be appointed as the Chairman of GPSC while also not having considered other persons who would have qualified for the position.
Adv. Rodrigues has also submitted that for extraneous considerations the appointment was hurriedly made merely on the recommendation of the Chief Minister, while throwing to the wind all norms and guidelines laid down by the Supreme Court of India for the appointment to such a high Constitutional post of Chairman of the Public Service Commission.
As per the file notings obtained by Adv. Aires Rodrigues under the Right to Information Act a note was moved by the Personnel department at the Secretariat on 27th February this year that Chief Minister Manohar Parrikar had recommended and suggested the name of Kurapati Dwarakanath Row for the post of Chairman of Goa Public Service Commission. The note was approved by the Under Secretary, Additional Secretary, Chief Secretary and the Chief Minister on the same day. The proposal was also approved by the Cabinet meeting held on that very same day.
The Chief Minister on the next day sent the file for the Governor’s approval. With Governor B. V. Wanchoo giving his approval on the very following day, the Personnel department swiftly issued the notification on 4th March appointing Kurapati Dwarakanath Row as the Chairman of the Goa State Public Service Commission. Coincidentally 4th March was Kurapati Dwarakanath Row’s birthday. The records reveal that the Government did not consider any other name besides Kurapati Dwarakanath Row for the post of GPSC Chairman and that neither was a back ground check conducted on the antecedents of Kurapati Dwarakanath Row a former staff of Air India.