Prashant Kishor's Appointment As Advisor To Punjab CM- "CM Free To Choose His Advisors": P&H High Court Dismisses Plea Challenging Appointment

The Bench of Justice Jaswant Singh and Justice Sant Parkash ruled that the Chief Minister has complete authority to choose his advisors.

The matter before the Court

The two petitioners, namely, Labh Singh and Satinder Singh filed a petition seeking a writ in the nature of certiorari for quashing of the order of appointment (dated 01^st March 2021) of Prashant Kishor as the Principal Advisor to the Chief Minister, Punjab.

While Labh Singh is a boxing coach based at Khanna and has won various medals in boxing at the national level, the second petitioner, Satinder Singh is a practicing advocate of Chandigarh, who has remained councilor of Municipal Corporation, Chandigarh.

The counsel for the petitioners argued that without issuing any advertisement or conducting any interview after framing criteria, the post of Principal Advisor had been filled up.

It was argued that in matters of appointment to any office under State, no post could be filled up without following Article 16(1) of the Constitution which provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

Significantly, it was argued that since Kishor's appointment as Principal Advisor to the Chief Minister of Punjab would give him the status of a Cabinet Minister, he would be provided for all pay, perks, and facilities from the State Exchequer.

Therefore, it was argued that it was imperative for the State to issue an advertisement as there are a large number of educated and well qualified persons in the State of Punjab, including the petitioners.

Court's observations

At the outset the Court highlighted that the Chief Minister, being an elected representative has manifold Constitutional duties to discharge including good governance towards the residents of the State and thus, he is at the liberty to choose his advisors.

Further, the Court opined,

"Since an Advisor to Chief Minister is not a post but an office which is not regulated by any statutory rules, the argument that an advertisement should be issued is completely misplaced. The appointment in question is not a civil appointment, but for the purposes of perks and rank only and thus, Article 16(1) of Constitution is not attracted."

Importantly, the Court remarked that in case the appointment, as argued by petitioners, is only to accommodate some person which will put burden on ex-chequer, then it is for the public to take its call during the next elections.

However, for the purpose of adjudicating the instant petition, the Court held that petitioners couldn't point out violation of any Constitutional or statutory provision which would disentitle Kishor from appointment to the post of Principal Advisor.

Further, referring to the cases of Hari Bansh Lal Vs. Sahodar Prasad Mahto and others 2010(9) SCC 655 and Gurpal Singh Vs. State of Punjab and others 2005(5) SCC 136, the Court held that in service matters no Public Interest Litigation is maintainable.

Lastly, the petition was dismissed noting that no violation of any statutory provision had been pointed out in the instant case.

Case title - Labh Singh and another v. The State of Punjab and others [Civil Writ Petition No. 5337 of 2021 (O&M)]

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