UNION OF INDIA Vs. BINAY KUMAR BISWAS

JUDGEMENT

(1.) On 16th March, 2021, when this petition first came up before us, the following order was passed:-

(2.) The counsels for the petitioners have brought to the Court, in a sealed cover, a file and have handed over the same to the Court Master. The Court Master has opened the seal and the File has been perused.

(3.) The counsels have also taken us through (i) Office Memorandum (OM) dated 25th May, 2009 of the Department of Personnel and Training (DOPT) on the subject of setting up of Search Committees/Search-cumSelection Committees ; (ii) OM dated 30th July, 2007 of the DOPT, also on the subject of setting up of Search Committees/Search-cum-Selection Committees ; (iii) the counter affidavit filed by the petitioners before the Central Administrative Tribunal (CAT) and particularly to paragraphs 3 to 15 of the brief facts of the case as stated therein; (iv) the advertisement for the post of Executive Director each in AIIMS at Raebareli (Uttar Pradesh), Gorakhpur (Uttar Pradesh), Bathinda (Punjab), Bibinagar (Telangana), Deoghar (Jharkhand) and Kalyani (West Bengal) , in pursuance whereto applications for the subject appointments including by respondent nos. 1 and 3 were made; (iv) Minutes of the Meeting of the sub-Committee of the Search-cum-Selection Committee held on 17th June, 2019, 18th July, 2019, 30th July, 2019 and 2 nd August, 2019, to screen the applications for the candidates to be considered for interview/personal talk for the aforesaid posts including the annexures thereto; and, (v) the format in which the applications for appointment to the aforesaid posts were invited.