Is it Private or Public Interest litigation? TS HC dismisses plaint challenging SICs appointment

Telangana High Court division dismissed the petition challenging the appointment of four State Information Commissioners (SICs).

A division bench of Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy after hearing the arguments dismissed the petition with strictures.

Aldandi Rajaswamy, a private company employee from Allwyn Colony, Kukatpally, Hyderabad had challenged the G.O wherein the government had appointed Katta Sekhar Reddy, Guguloth Shankar Naik, Syed Khaleelullah, Myda Narayana Reddy and Mohd Ameer Hussain as State Information Commissioners. He had prayed that the order be declared illegal and unconstitutional.

Counsel for the petitioner Rapolu Bhaskar said 109 persons applied for the post of State Information Commissioners. He said Katta Sekhar Reddy, Guguloth Shankar Naik, Syed Khaleelullah, Myda Narayana Reddy, and Mohd Ameer were appointed without eligibility.

Moreover, he said, they belonged to the TRS party and have been appointed in the Social Work Category. "They have filed an affidavit that they are not holding any post in the party. And before appointment itself, they have resigned from the party," Rapolu Bhaskar asserted.

S. Ashok Anand Kumar, counsel for the respondents, Guguloth Shankar Naik, Syed Khaleelullah, and Mohd Ameer, told the court that Rapolu Bhaskar was one of the applicants for the post of State Information Commissioner. He said the petitioner's counsel should have filed a writ petition rather than a PIL.

Anand Kumar said there are no allegations at all and no material has been placed on record by the respondents.

After hearing arguments, Chief Justice Ujjal Bhuyan asked: "is this a private interest litigation or Public Interest Litigation?"

"You are the candidate and your candidature was rejected. Somebody else might have appeared on behalf of the petitioner, why did you appear, this is wrong," Justice Bhuyan told the petitioner's counsel.

Justice Bhuyan said the court will dismiss the PIL with costs. Rapolu Bhaskar and the petitioner informed the bench that they would like to withdraw the petition.

The bench later dismissed the PIL.