Kudrat Sandhu v. Union of India and Anr.
O R D E R
1. On 9 February 2018, an interim order was passed by this Court
after considering the suggestions filed during the course of hearing. The
suggestions read as follows:
“1. Staying the composition of Search-cum-Selection Committee
as prescribed in Column 4 of the Schedule to the Tribuna l,
Appellate Tribunal and Other Authorities (Qualifica tion,
experience and other conditions of service of members) Rules,
2017 both in respect of Chairman/Judicial Members a nd
Administrative Members. A further direction to constitut e an
interim Search-cum Selection Committee during the pendency
of this W.P. in respect of both Judicial/Administrative members
as under :
a. Chief Justice of India or his nominee - Chairman
b. Chairman of the Central Administrative Tribunal - Member
c. Two Secretaries nominated by the Government of India -
Members
2. Appointment to the post of Chairman shall be mad e by
nomination by the Chief Justice of India.
3. Stay the terms of office of 3 years as prescribed in Column 5
of the Schedule to the Tribunal, Appellate Tribunal and other
Authorities (Qualification, experience and other conditions of
service of members) Rules, 2017. A further direction fixing the
term of office of all selectees by the aforementioned inte rim
Search-cum Selection Committee and consequent appointees as
5 years.
4. All appointments to be made in pursuance to the selecti on
made by the interim Search-cum-Selection Committee shall be
with conditions of service as applicable to the Judges of High Court.
5. A further direction to the effect that all the selections made by
the aforementioned interim selection committee and the
1007
consequential appointment of all the selectees as Chairm an/
Judicial/Administrative members for a term of 5 years w ith
conditions of service as applicable to Judges of High Court shall
not be affected by the final outcome of the Writ Petition.”
2. The learned Attorney General had no objection to the above
suggestions being adopted as an interim arrangement to govern the
selections to all tribunals, except for the fourth and fift h suggestions
recorded above. The Learned Attorney General suggested that the above
two suggestions may be re-cast as follows:
“4. All appointments to be made in pursuance to the selection
made by the interim Search-cum-Selection Committee shall abide
by the conditions of service as per the old Acts and the Rules.
5. A further direction to the effect that all the selections made by
the aforementioned interim selection committee and the
consequential appointment of all the selectees as Chairm an/
Judicial/Administrative members shall be for a period as has been
provided in the old Acts and the Rules.”
3. The Court accepted the suggestions together with t he
modifications which weredesired by the Attorney General. The operative
direction reads thus:
“In view of the aforesaid, we accept the suggestions and direct
that the same shall be made applicable for selectio n of the
Chairpersons and the Judicial/Administrative/Technical/Expert
Members for all tribunals.”
4. Since some of the Search-cum-SelectionCommittees (SCSC )
have already proceeded with their work prior to the above order, the
case was listed for further hearing on 12 February 2018.The following
order was passed:
“As some Committees had proceeded, the matter was listed for
further hearing. We have heard learned counsel for the parties.
Mr. Rohit Bhat, learned counsel assisting the learned Attorney
General for the Union of India shall file the status of the selection
process by the Committees, by 13.2.2018.
Mr. Arvind Datar, Mr. C.A. Sundaram and Mr. Mohan Parasaran,
learned senior counsel shall also file through their Advocate s-
on-Record a joint memorandum with regard to which tribunals
KUDRAT SANDHU v. UNION OF INDIA AND ANR.
are covered and not covered. The same shall be filed by 10.30
a.m. on 13.2.2018.
Orders reserved.”
5. The Attorney General has in pursuance of the proceedings
which took place on 12 February 2018 filed a tabular chart indicating the
status of the selection process in respect of 19 tribunals.W ritten notes
have been filed by Mr Vikas Singh, Senior Advocate and by Mr Vijay
Kumar Verma, Advocate (appearing respectively in Writ Petition(Civil)
No. 279 of 2017 and companion cases and Writ Petition (Civil) No. 640
of 2017).
6. The tabular chart submitted by the Attorney General indicates
the following details individually in respect of 19 tribunals:
(i) Whether the SCSC has been constituted;
(ii) Whether advertisements have been issued for judicial and/or
technical (or expert) members;
(iii) Whether applications have been received;
(iv) Whether the process of shortlisting or, as the case, may be holding
interviews has been completed; and
(v) Whether appointments have been made.
The written submissions filed by Mr Vikas Singh, Learne d Senior
Advocate and Mr Verma, Advocate indicate that substantial steps have
taken place in the selection process for the Central Administrative Tribunal
and it is desirable that appointments be made expeditiously.
7. We will now analyse the position in regard to the selection s,
tribunal-wise.
CESTAT
We have been apprised of the fact that in respect of the Central Excise
and Service Tax Appellate Tribunal (CESTAT), applicati ons were
received for judicial and technical members pursuant to advertisements
issued under the directions of the SCSC.Interviews have been conducted
and the Appointments Committee of the Cabinet has appr oved the
proposal for filling up vacant posts of judicial members. The above position
indicates that the process of selection has been su bstantially
completed.Hence, we clarify that the selection process in respect of the
1009
CESTAT may be completed and will not be affected by the order of this
Court dated 9 February 2018.
DRT and DRAT
8. For the Debts Recovery Tribunal, the chart submitted by the
learned Attorney General indicates that the selection process has been
completed and appointments of Presiding officers have been made. This
being the position, the selection process in respect of the DRT shall not
be affected. In respect of the DRAT also, the selection p rocess has
been completed and will hence be taken to its logical conclusion.
CAT
9. In respect of the Central Administrative Tribunal, the chart
submitted by the learned Attorney General indicates th at after the
constitution of the SCSC, vacancies were advertised and ap plications
have been received both for judicial and administrative members. Two
meetings have been held by the SCSC for judicial members; shortlisting
criteria were finalised and 67 candidates have been shortlis ted. In the
above situation, the selection process for judicial members of CAT shall
proceed unhindered by the previous directions dated 9 February, 2018
and shall be taken to its logical conclusion. Since no substant ial steps
have taken place in regard to the appointments of Administrative members
of CAT, the directions contained in the order dated 9 Februa ry 2018
shall apply.
NCLAT
10. As regards the National Company Law Appellate Tribunal,
the chart submitted by the learned Attorney General indicat es that the
existing selection committee has the same composition as provided for
in the new rules. Advertisements inviting applications were issued and
141 applications have been received by the SCSC. We clarify that the
selection process for the NCLAT shall continue and shall not be affected
by the interim directions dated 9 February 2018.
NCDRC
11. For the appointment of the President of the National Consumer
Disputes Redressal Commission,the applications received have been
forwarded to the Chief Justice of India by the Ministry for Consumer
Affairs, Food and Public Distribution. A recommendation is to be made
KUDRAT SANDHU v. UNION OF INDIA AND ANR.
by the CJI in terms of Rule 4 read with Item No. A of Column No. 4 of
Serial No. 16 of the relevant Rules.
12. For judicial and non-judicial members ofNCDRC, the SCSC
has shortlisted candidates. Recommendations have been made by the
SCSC in February 2018. The selection process has been subs tantially
completed. It may proceed to its logical conclusion without being affected
by the directions dated 9 February 2018. However, it is made clear that
the appointment of President of NCDRC is to be made by a nomination
of the CJI.
AAR
13. For the Authority for Advance Ruling, a nomination was
received by theUnion government from the Chief Justice of India.
However, before the appointment was made, the nominated candidate
died. A fresh nomination is to be made by the CJI.
14. The Chairperson of the Search and Selection Committee for
selection of the Vice Chairman, nominated by the Chief Justice of India
has made recommendations.
APTEL
15. The Chairperson of the SCSC has been nominated f or
recommending the appointment of Chairperson of the Appellate Tribunal
for Electricity. The Committee has initiated the process and is ascertaining
willingness of eligible persons. The work of the Committee may proceed
unhindered by the order dated 9 February 2018.
16. In the case of certain other tribunals, the chart submitted by
the Attorney General is extracted below:
Sl No. Tribunal /
Appellate
Tribunal
and Other
Authorities
Existing
Vacancy
Whether
SCSC
constitute
under New
Rules. If
yes, its
composition
Status of
selection
process
Total
Number
s of
applica-
tions as
received
Interviews
conducted
Selectio
n made /
Final
Appoin-
tment
1 Appellate
Tribunal
under
SAFEMA
Act
1 Vacancy
for Member
SCSC
constituted
for post of
member.
Advertised
on
11.10.2017
12
applicati
ons
received
NA NA
1011
2 Railway
Claims
Tribunal
02 Vacancies
to the post of
Vice
Chairman –
Technical
3 vacancies to
the post of
Technical
Member
Judicial
Member-08
posts
SCSC
Constituted.
VC/Tech-
Proposal put
up to Board
for
circulation of
Vacancy
Notice
For post of
Technical
Member- 1 st
Round
meeting held
on 7.02.2018
and IB
clearance
sought
Proposal put
up to Board
for
circulation of
Vacancy
Notice
NA NA NA
3 Securities
Appellate
Tribunal
Nil SCSC Not
constituted.
N.A. N.A. N.A. N.A.
4 Airport
Appellate
Tribunal
01 vacancy
for post of
Chairman
SCSC
Constituted.
Vacancy
circulate
issued
17 Interviews
not yet
conducted
NA
5 Telecom
Disputes
Settlement
and
Appellate
Tribunal
(TDSAT)
One vacancy
in respect of a
Member will
arise on
12.5.2018
SCSC
Constituted.
Advertiseme
nt for the
post of
Member,
TDSAT will
be issued in a
day or two so
as to fill the
vacancy
arising on
12.05.2018
NA NA NA
KUDRAT SANDHU v. UNION OF INDIA AND ANR.
6 Appellate
Board
Under
Trade
Marks Act
01 vacancy
for post of
Vice
Chairman, 01
vacancy for
post of
Technical
Member
(Trade Mark),
01 vacancy
for post of
Technical
Member
(Patent) and
02 vacancies
for post of
Technical
Member
(Copy right)
SCSC Not yet
constituted.
Vacancies
advertised
in
November,
2017
09
applications
received for
post of Vice
Chairman,
14
applications
receiver for
post of
Technical
Member
(Trade
Mark), 17
applications
received for
Technical
Member
(Patent) and
15
applications
received for
Technical
Member
(Copy right)
NO NO
7 Film
Certificatio
n Appellate
Tribunal
02 vacancies
for post of
Members
w.e.f.
30.12.2017
SCSC not
constituted,
although the
process for
constituting
the same has
been initiated.
NA NA NA NA
8 Armed
Forces
Tribunal
8-
Administrativ
e Members
8- Judicial
Members
Composition
of the
Selection
committee
under the old
rules and the
SCSC under
the new rules
for vice
chairperson,
judicial
member and
administrative
member is the
same.
Advertisem
ent issued
on
20.07.2017
(for the post
of 6
Administrat
ive
Member);
NA NA NA
1013
The earlier
selection
committees
are
therefore
continuing.
Advertisement
issued on
08.08.2017 –
for the post of
1 Judicial
Member;
Advertisement
issued on 06.
11.2017 - for
the post of 7
Judicial
Members and 2
Administrative
Members
9 National
Green
Tribunal
Chairperson- 01
Judicial Members
– 05
Expert Member-
07
Note : Apart from
the above
vacancies, Justice
M.S. Nambiar,
Judicial Member
superannuated on
2.01.2018 and
Shri S.B. Sajwan
Expert Member
superannuated on
9.12.2017.
SCSC
Constituted
Process
initiated
Date of
advertisement
– 29.08.2017
83
applications
received for
post of
Judicial
Member
and 169
applications
received for
post of
expert
members
Date is
awaited
NA
10 Income Tax
Appellate
Tribunal
Vice
President
6 vacancies
President –01 SCSC not
yet
constituted.
NA NA NA NA
SCSC
Constituted
NO NA NA NA NO
Member - 24
vacancies
SCSC not
yet
constituted.
NA NA NA NA
KUDRAT SANDHU v. UNION OF INDIA AND ANR.
For the Armed Forces Tribunal (AFT), the composition of the Selection
Committee under the old rules and the SCSC under the new rules for
vice chairperson, judicial members and administrative members is the
same. Recommendations have been made. The selection may henc e
proceed for AFT (Serial No. 8 above).
17. As regards the selection of the President of the ITAT, a
recommendation has already been made. Hence, the selection proces s
will be taken to its logical conclusion. The SCSC for t he rest of the
tribunals in the above chart (other than Serial No. 8) shall be governed
by the interim directions dated 9 February 2018.
18. In all cases where the CJI has nominated the Chairperson of
the SCSC for making recommendations for appointment of Chairperson
/ President / Presiding Officer of any tribunal and the Commi ttee has
begun its work by holding a meeting, the process will contin ue on the
basis of the terms and conditions and eligibility stated in the advertisement
issued or, as the case may be, as notified on the directions of the SCSC
for ascertaining expression of interest.
19. All recommendations made or to be made by any SCSC as
referred to above for appointment of Chairperson and/or members shall
be processed further without being affected by the order dated 9 February
2018.
Divya Pandey Dir ections issued.