Ramchandra Manjrekar And 3 ORS v. The State Of Goa, Thr. Chief Secretary And 3 ORS

2025:BHC-GOA:1004-DB Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

PUBLIC INTEREST LITIGATION WP NO.4 OF 2025 WITH MISC.CIVIL APPLICATION NO.1016 OF 2025 (F) PUBLIC INTEREST LITIGATION WP NO.4 OF 2025 RAMCHANDRA MANJREKAR AND 3 ORS ... PETITIONERS

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THE STATE OF GOA, THR. CHIEF SECRETARY AND 3 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.1016 OF 2025 (F) IN PUBLIC INTEREST LITIGATION WP NO.4 OF 2025 RAMCHANDRA MANJREKAR AND 3 ORS ... APPLICANTS

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THE STATE OF GOA, THR. CHIEF SECRETARY AND 3 ORS ... RESPONDENTS Mr Nigel Fernandes, Advocate for the Petitioners. Mr D. Pangam, Advocate General with Mr Deep Shirodkar, Additional Government Advocate for Respondent Nos.1 and 2. Mr Somnath Karpe with Mr Anand Shirodkar, Advocates for Respondent No.3.

Mr. R. G. Ramani, Senior Advocate with Mr Vinayak Nevrekar, Advocate for Respondent No.4.

CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 23rd June, 2025 P.C.

1. On 26.03.2025, the learned Advocate General placed before us a Notification appointing the Respondent no. 4 as Chairman of the Goa Public Service Commission.

In the wake of the aforesaid development, it was argued on behalf of the State that the challenge in the Petition must fail, as the Petition categorically pleaded that Respondent No. 4 is not eligible to be appointed as a Member of the Goa Public Service Commission. The Counsel for the Petitioner sought time to obtain necessary instructions.

2. The Petitioner has taken out an application for amendment in the form of MCA No. 1016/2025, now raising a challenge to the appointment of Respondent No. 4 as Chairman of the Goa Public Service Commission vide Notification dated 05.03.2025. The argument advanced in support of the application is that 'if the Respondent no. 3 was not found to be qualified to be appointed as a Member', definitely he do not deserve his appointment as Chairman.

3. According to learned Advocate General, the two posts are distinct in nature even as regards the duties to be discharged and the Chairman of the Goa Public Service Commission can be selected by a selection process, it is not necessary that he should be a Member of the Goa Public Service Commission.

4. In this background, the Petitioner is well advised to file a separate

Writ Petition raising a challenge to the Notification appointing Respondent no. 3 as Chairman.

Since the present Petition has served its purpose, it stands disposed off in the wake of the statement made by the learned Advocate General on 26.03.2025 as the tenure of the Respondent no. 3 as a Member has come to an end.

We grant liberty to the Petitioner to file a fresh Petition raising a challenge to the Notification dated 05.03.2025, appointing Respondent No. 4 as Chairman of the Goa Service Public.

PIL Writ Petition and MCA No. 1016/2025 stand disposed off. NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: ANDREZA RODRIGUES EPEREIRA Designation: Senior Private Secretary to the Hon'ble Judge Date: 24/06/2025 18:35:58