NIRMALA VINCENT Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner impugns condition at Serial No. 9 in Schedule I of the National Company Law Tribunal (Recruitment, Salary and other Terms and Conditions of Service of Officers and other Employees) Rules, 2020 (hereinafter referred to as the Rules), issued by Respondent No.1, to the extent that they prescribe a degree in law as a qualification for an Assistant to be promoted to the post of Court Officer in Respondent No. 3, National Company Law Tribunal (hereinafter referred to as the NCLT).

(2.) Petitioner joined the Registrar of Companies, Delhi as a Lower Division Clerk on 30/10/1987 and thereafter she was appointed as a Lower Division Clerk at the Company Law Board (CLB for short) on deputation basis on 18/2/1991. She was promoted to the post of Upper Division Clerk on regular basis in the CLB on 3/1/2008. She was subsequently promoted to the post of Assistant on regular basis in the CLB on 28/2/2014.

(3.) On 25/10/2016, Petitioner applied for being appointed to post of Court Officer in NCLT, New Delhi Bench on deputation basis. By Office Order dtd. 25/1/2017 passed by the Ministry of Corporate Affairs (MCA), Petitioner along with other officers and employees were transferred to NCLT with effect from 1/6/2016 in terms of Sec. 466 read with Sec. 418(1) of the Companies Act, 2013.