HC rejects Petition Filed by a Retired IAS Officer on Challenging Eligibility Criteria for Technical Post in GSTAT

Recently, a petition was filed by a retired IAS officer, Amit Kashyap, raising objections against the relaxation of eligibility criteria for the post of Technical Member (State) in the Goods and Services Tax Appellate Tribunal (GSTAT). The Himachal Pradesh High Court has rejected his petition.

The division bench of Tarlok Singh Chauhan and Sushil Kukreja discovered the state government’s move as legal, means no illegality was found, sponsored by the GST Council to make changes in the eligibility criteria in the absence of qualified Group A officers.

The court was hearing a case filed by Amit Kashyap, who raised objections against a government notification issued on October 19, 2024, and a correction made on November 21, 2024.

These notifications changed the eligibility rules for a post under the GST Appellate Tribunal (GSTAT) in Shimla. Earlier, only officers with 25 years of service in Group ‘A’ were eligible. But the new rule allowed Class-I Gazetted Officers from the State Tax and Excise Department with 25 years of service to also apply.

Kashyap, who has over 25 years in Group ‘A’ and held senior roles in taxation and finance, argued that this change went against the CGST Act, 2017. He said it was unfair and unnecessary, especially since officers like him were already available.

But the state government and GST Council defended the change. They said there weren’t enough Group ‘A’ officers in the state with the required experience. So, to keep the system running smoothly and to give state officers a chance, they included Class-I officers with similar experience.

The court said the GST Council had properly reviewed and approved the state’s proposal. It also noted that Kashyap didn’t prove that the decision broke any law or was made without authority.

In addition, the court said that since Kashyap is part of the All India Services, he can’t claim exclusive right to a post meant for state officers.

In the end, the court dismissed the petition, saying it had no real merit and was based on wrong assumptions. This ended the dispute over who could apply for the GSTAT post in Shimla.