(1.) By this writ petition, the petitioner who is a retired Judge of the Allahabad High Court (who was also subsequently appointed as Chairman of the Railway Claims Tribunal), seeks the relief for being appointed as a Member (Judicial) of National Consumer Disputes Redressal Commission (NCDRC) on the ground that his name appears at serial no.5 in the select list of candidates who were to be appointed.
(2.) I may at the outset itself note that even as per para 2.8 of the writ petition, the select list of five candidates of which petitioner was placed at serial no.5 was with respect to two vacancies of Member (Judicial) in NCDRC pursuant to the notification dated 21.7.2011.
(3.) The case of the petitioner is that out of five candidates in the select list, the first two candidates, namely, Justice J. M. Malik (Retd.) and Justice K.S. Chaudhary (Retd.) joined. As per the petitioner, against a subsequent vacancy, Justice Ajit Bharihoke (a retired Judge of this Court) was asked to join inasmuch as the third person in the select list did not accept the offer of appointment. Petitioner claims that validity of the panel is one year in terms of the subject notification dated 21.7.2011 and para 8 whereof categorically states that the vacancy arising during the validity period of the panel may be filled from among the panel. This para 8 reads as under:-
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