SHIV CHARAN LAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is filed by the petitioner who is an aspirant to the post of the Presiding Officer of the National Highways Tribunal (hereinafter referred to as the 'Tribunal') formed under the Control of National Highways (Land & Traffic) Act, 2002.

(2.) The appointment of the Presiding Officer of the Tribunal is governed by the National Highways Tribunal (Procedure for appointment as Presiding Officer of the Tribunal) Rules, 2003 (in short 'the Rules'). The relevant rule in this regard dealing with the procedure and method of appointment of the Presiding Officer is Rule 3, and which reads as under:-

(3.) A reading of the aforesaid Rule shows that the Selection Committee which is constituted is headed/chaired by a Judge of the Supreme Court of India as a nominee of the Chief Justice of India. The Selection Committee has two other members being the Secretary to the Government of India in the Ministry of Road Transport and Highways and the Secretary to the Government of India in the Ministry of Law and Justice (Department of Legal Affairs).