KALI DASS BATISH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Vide communication dated 16th February, 2001 sent by Secretary, Ministry of Personnel, Public Grievances and Pensions, Government of India, New Delhi to the Registrar General, Himachal Pradesh High Court, Shimla, names of eligible and willing persons including Members of the Bar were invited for filling up seven vacancies of Judicial Members in the Central Administrative Tribunal that were likely to arise between 1st July, 2001 and 31st December, 2001. The petitioner who is a practising Advocate at Shimla for the last about 22 years, pursuant to the aforesaid communication had his name sent/sponsored for consideration and for appointment as a Judicial Member in the Central Administrative Tribunal. It appears that a total 122 candidates had applied for the aforesaid seven posts of Judicial Members.

(2.) Department of Personnel and Training, Government of India vide order No. A.1013/54/90-AT dated 15th/23rd April, 1991 had decided about the constitution of a Selection Committee for selection of Vice Chairman and Members of the Central Administrative Tribunal (CAT, for short). This Selection Committee was to comprise of a nominee of the Chief Justice of India who would be a sitting Judge of the Supreme Court, Secretary to Government of India in the Ministry of Law and Justice (Department of Legal Affairs), Secretary to the Government of India in the Ministry of Personnel, and the Chairman of CAT. As per the said order it was stipulated that the Selection Committee shall recommend persons for appointment as Vice Chairman as well as Members from amongst the persons on the list of candidates prepared by the Ministry of Personnel and that the Central Government after taking into consideration the recommendation of the Selection Committee, and after consultation with the Chief Justice of India in accordance with the provisions of Section 6(7) of the Administrative Tribunals Act, 1985 (1985 Act, for short), draw up and prepare a list of persons for appointment as Vice Chairman and Members of the CAT.

(3.) Shri Justice G.B. Pattanaik, Judge of the Supreme Court (as he then was) was nominated by the Chief Justice of India to head the aforesaid Selection Committee. The Selection Committee met under the Chairmanship of Shri Justice G.B. Pattanaik on 18th July, 2001 and, inter alia, considered 121 names for the aforesaid seven vacancies of Judicial Members and recommended seven persons for appointment and Judicial members, with equal number in the waiting list. Undoubtedly and admittedly in the list of seven recommendees for appointment, the name of the petitioner figured at Sl. No. 1 in order of merit. The name of respondent No. 7 figured at Sl. No. 6 in the said list of recommendees. Insofar as the waiting list of recommendees was concerned viz., the list of persons who were recommended to be in the waiting list, in the event of the recommendees in the select list not being appointed for any reason, names of respondent Nos. 5 and 6 found their places at Sl. Nos. 2 and 1, respectively, of the said waiting list.