HC directs HP govt to appoint power regulator chief by Nov 10
Shimla, Oct. 29 -- The high court has set aside the state government's decision to cancel the selection process for the post of chairperson of the Himachal Pradesh electricity regulatory commission (HPERC), directing the authorities to complete the appointment process by November 10.
A division bench comprising justices Vivek Singh Thakur and Bhupesh Sharma, while allowing the petition filed by Pankaj Rai, held that the state government had acted arbitrarily and beyond its legal authority by rejecting the panel of candidates recommended by a high-powered selection committee. The court set aside the government's orders rejecting the panel and directed the authorities to finalise the appointment on the basis of the original recommendations dated September 14, 2025, within the stipulated deadline.
The selection process was initiated following an advertisement issued on August 14, 2025. A selection committee headed by a retired high court judge subsequently recommended a panel of two candidates, including the petitioner, for appointment as HPERC chairperson.
However, the state government rejected the recommended panel on September 16, 2025, and formally notified the cancellation of the selection process on September 30, 2025.
The government cited several grounds for rejecting the panel, including the petitioner's comparatively junior service position as a 2014-batch IAS officer, his lack of experience specifically in the power sector, and alleged procedural irregularities in the selection process.
Rejecting these justifications, the high court observed that the reasons advanced by the government were vague and arbitrary.
The bench held that the Electricity Act, 2003, does not prescribe specific experience in the power sector or seniority at the highest administrative level as mandatory eligibility requirements for appointment to the post. It further observed that the government could not assume the role of an appellate authority over the expert assessment and recommendations made by the duly constituted selection committee. The court accordingly set aside the state's decision to reject the panel and cancel the selection process, directing the authorities to proceed with the appointment in accordance with the original recommendations.
The respondents have been directed to complete the appointment process for the HPERC chairperson on or before November 10.
In a statement, leader of the opposition Jai Ram Thakur accused the chief minister of manipulating merit lists to favour his personal associates.
"Chief minister Sukhvinder Singh Sukhu consistently prioritises his friends and close associates, disregarding established rules and regulations. The cancellation of the selection process for the chairperson of the regulatory commission was seemingly orchestrated to install a preferred official and has exposed the government's agenda of favouring its own associates," The former chief minister alleged....
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