G JAYALAL Vs. U O I

JUDGEMENT

(1.) This writ petition is directed against the order dated 30.11.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as "the Tribunal"), whereby Original Application No. 1290/2011, filed by the petitioner, was dismissed. The facts leading to the filing of the aforesaid Original Application can be summarized as follows:

(2.) OA No. 1290/2011 was filed by Shri G. Jayalal, seeking quashing of the recommendations dated 21.03.2011. He also sought a direction to the respondents to act as per the recommendation dated 15.03.2011, whereby, according to the petitioner, he was placed at No. 1 in the order of preference, for appointment to the post of Director General, All India Radio. He also sought quashing of the order dated 30.03.2011, whereby current duty charge of post of Director General, All India Radio, was given to respondent No. 4 Shri L.D. Mandloi on a temporary basis. The Tribunal, vide impugned order dated 30.11.2011, held that vide its minutes dated 15.03.2011, the Selection Committee (Prasar Bharti Board) had only short-listed the candidates, without placing them in the order of preference. The Tribunal did not accept the contention of the petitioner that someone in the Government made the Selection Committee change its earlier decision. The Tribunal, however found merit in the contention that if the Selection Committee had short-listed the candidates on 15.03.2011, the order of preference could not have been decided by circulation and a meeting of the Prasar Bharti Board (Selection Committee) had to be arranged for the same and the decision was required to be taken after deliberations and consultations amongst the Members of the Board. A direction was accordingly issued by the Tribunal, directing the respondents to convene a meeting of the Board to determine the order of merit of the candidates. It was further directed that if the outcome of the meeting was an endorsement of the view which had emerged from the order of preference indicated through circulation, nothing more would be required to be done, since the candidature of those, who had been placed at No. 1 in the order of preference for both the posts, had already been approved by the Cabinet Committee on Appointments (ACC) and the selected persons had already been appointed and were in position. It was directed that if in the deliberations that take place in the meeting, a different result was to ensue, the Board shall make recommendations accordingly, for approval of ACC and in that event, if the appointment of any of the selected candidate was to be set aside, the order in that regard shall be passed. The Tribunal also directed that in case selection of Shri L.D. Mandloi was not approved for the post of Director General, All India Radio, his name shall be recommended for the post of Director General, Doordarshan.

(3.) During the course of hearing before us, we were informed that pursuant to the directions given by the Tribunal, a meeting of Prasar Bharti Board was convened and the decision taken in that meeting was in conformity with the result which had been obtained by circulation. We are also informed that three Members of the Selection Committee, which had interviewed the candidates, had, in the meanwhile, been replaced on account of reasons such as retirement or their tenure coming to an end and three new Members had participated in the meeting which was held pursuant to the order of the Tribunal.