RERA – Goa – Appointment of Member in Breach of recommendations of the Selection Committee

The petitioner retired District Judge has challenged the appointment of Respondent No.3 also a retired District Judge as Member of Goa RERA as violation of Section 22 of the RERA and Rule 4 of the Goa RERA Rules.

The Selection Committee recommended the names of the Petitioner and the Respondent No.3 in the order of preference for appointment.   However, the Respondent No.3 was appointed on the ground that he has wide experience in social administration and legal fields.

HELD that on a comparative evaluation and on due consideration & deliberations, the Selection Committee found that the petitioner was most suited candidate out of four candidates available, he was senior-most amongst the candidates and that he is presently working as an Adjudicating Officer in RERA & acquired familiarity with the subject.  Moreover, the State Government had to consider the recommendations in order of preference given by the Selection Committee and that the reasons given by the State Government for appointment of Respondent No.3 are without any material.