Shun nepotism in public appointments, govt told

Observing that the overall exercise of the committee involved in waiving entertainment tax for films named in Tamil was improper due to its members’ personal affinity with the government or the political leaders ruling the State, the Madras High Court directed the government to ensure that only those with integrity, honesty and merit were selected and appointed in expert committees, governmental organisations and institutions, without scope for nepotism.

Justice SM Subramaniam issued the direction while passing orders on a plea moved in 2013 by Red Giant Movies, run by Chief Minister MK Stalin’s son and MLA Udhayanidhi Stalin, accusing the then government of not granting exemption to the films his company produced despite them having Tamil names.

The judge said the court could easily visualise the possibilities of favouritism and discrimination. But at the same, it could not consider the relief as prayed for, as there was no specific malafide allegations against the persons. “Courts cannot undo the exercise in the event of not establishing malafide with a concrete proof. Mere statements are insufficient and only inference can be drawn based on certain actions,” he pointed out.

Lamenting on the lack of integrity prevailing in many such committees, Justice Subramaniam asked the State government to make sure that integrity and honesty were the criteria that were assessed first instance, and then merits were to be considered.

“All such selections and appointments are to be made in a transparent manner and by providing equal opportunity to all the women and men who all are eligible for such appointments. All such selection and appointments are to be made beyond the political affinities, aspirations and ideologies, keeping in mind that they are public appointments,” the court stressed.

It also pointed out that if each political party appointed its own men in such expert committees, and if allowed to be continued, then there was no scope for revival of social justice, equality in opportunities, merit and integrity.

Justice Subramaniam directed the government to revisit the entire process and appoint committees for grant of exemptions for films, and formulate a policy decision that can work free from favouritism, nepotism and corrupt activities, enabling the people to get social justice from the government of the day.

The petitioner had submitted an application for exemption before the Commercial Tax Commissioner for its film, ‘Idhu Kathirvelan Kadhal’. But even after the film was certified by the Film Censor Board, the committee refused to acknowledge the same, revealing an apparent discrimination, the company alleged. Thus, the very constitution of the committee was not in accordance with the purpose and object for grant of exemption from payment of Entertainment Tax, its plea contended.