Case Note & Summary
The case involved review petitions concerning the recruitment process for the Administrative Tribunals under the Administrative Tribunals Act, 1985. The Attorney General sought clarification on observations made in previous judgments regarding the appointment of the Chairman, Vice-Chairman, and Members of the Administrative Tribunal. The court considered the appropriate recruitment process, concluding that a High Powered Selection Committee should be established for both Central and State Administrative Tribunals, with specific leadership roles assigned to sitting judges. The court also addressed the eligibility of advocates qualified to be Judges of the High Court for the position of Vice-Chairman, rejecting the argument that they lack necessary administrative experience. The court emphasized that such advocates are inherently qualified for both judicial and administrative duties, and their administrative capabilities could be evaluated during the selection process. The court granted extensions for setting up additional benches and for legislative actions to implement its observations. The Review Petitions were ultimately disposed of without interference in the earlier observations made by the Chief Justice.
Headnote
A) Administrative Law - Recruitment to Administrative Tribunals - High Powered Selection Committee - Recruitment to the Central Administrative Tribunal should be conducted by a High Powered Selection Committee headed by a sitting Judge of the Supreme Court, while for State Administrative Tribunals, it should be headed by a sitting Judge of the High Court. The court clarified the recruitment process to ensure proper oversight and selection (Paras 234G-235A). B) Administrative Law - Eligibility of Advocates - Advocates qualified to be Judges of the High Court are eligible for appointment as Vice-Chairman or Members of the Administrative Tribunal. The court held that such advocates possess the necessary qualifications to perform both judicial and administrative functions, and their administrative potential can be assessed during the selection process (Paras 235B-D).
Issue of Consideration
Whether advocates qualified to be Judges of the High Court can be appointed as Vice-Chairman or Members of the Administrative Tribunal and the appropriate recruitment process.
Final Decision
The court clarified that a High Powered Selection Committee should be established for recruitment to the Administrative Tribunals, and advocates qualified to be Judges of the High Court are eligible for appointment as Vice-Chairman or Members. The court granted extensions for legislative actions and setting up additional benches.
Law Points
- Administrative Tribunals Act
- 1985
- Recruitment process
- High Powered Selection Committee
- Eligibility criteria for Vice-Chairman
- Administrative experience
