In his petition filed under Article 226 of the Constitution of India, Adv. Aires Rodrigues has sought that the selection of Sandesh Prabhudesai be revoked and that the Goa Government be restrained from appointing him as the State Information Commissioner.
Pointing out that the Goa State Information Commission had been constituted and notified with one Chief Information Commissioner and one State Information Commissioner, Adv. Rodrigues has in his petition submitted that the selection of a second SIC was without jurisdiction, illegal and void.
Adv Rodrigues has further submitted that the second post of SIC besides being non existent the advertisement published being for only one post of SIC, the selection of Sandesh Prabhudesai for a non existent post which was not advertised was arbitrary, discriminatory and violative of the article 14 and 16 of the Constitution of India as it deprived other qualified persons an opportunity to apply for the second post of SIC.
Adv. Rodrigues has also submitted that the selection of Sandesh Prabhudesai was done without him even applying for the post of SIC and on a mere recommendation letter from Dr Oscar Rebello which was surprisingly silent on Sandesh Prabhudesai’s educational qualification.
Adv. Rodrigues has in his petition drawn the attention of the High Court that the selection of Sandesh Prabhudesai was made in utter violation of the directions issued by the Supreme Court in its judgment last year in the Namit Sharma case.
Adv. Rodrigues has submitted that the State Information Commissioner has necessarily to discharge judicial and quasi judicial functions and that the post required judicial approach, legal experience, knowledge and expertise of aw which Sandesh Prabhudesai does not possess.