LAWS(APH)-1998-10-68

M KRISHNA RAO Vs. UNION OF INDIA

Decided On October 16, 1998
M.KRISHNA RAO Appellant
V/S
UNION OF INDIA REP.BY ITS CABINET SECRETARY, NEW DELHI Respondents

JUDGEMENT

(1.) These writ petitions relate to service jurisprudence and raise several important questions of law, both Constitutional and statutory. After the decision of the Supreme Court in L. Chandra Kumar vs. Union of India, the validity of several provisions of the Administrative Tribunals Act, 1985 (hereinafter referred to as "the Tribunals Act") is challenged.

(2.) Two legal practitioners have filed writ petitions - W.P.Nos. 21329 and 21439 of 1997 - questioning the constitutional validity of the provisions of the Tribunals Act. They got standing of 13 years and 20 years respectively at the Bar. They are the aspirants for either the Office of the Vice-Chairman or Member of the Administrative Tribunal (hereinafter referred to as "the Tribunal")- The attack on the provisions of the Tribunals Act is on the touchstone of independence of judiciary with regard to tenure of appointment as also on the service conditions impinging upon the independence of judiciary.

(3.) There was delay in the appointment of teachers for one reason or the other and when large number of vacancies were to be filled up, disputes arose on the ground of commission of several irregularities in the conduct of examinations, raising both factual disputes and also interpretation of important questions of law - both constitutional and legal.