on Nos
52023of 1987
IN Writ Petition Nos
12437 12460 of 1985 238 of 1986 and Transferred Cases Nos 9 11 12 13 of 1986
K Parasaran Attorney General and Ms A Subhashini for the Petitioners
PH Parekh Suhail Dutt PD Sharma and R Ramachan dran for the Respondents
The following Order of the Court was delivered In these petitions for review the learned Attorney General of India urges that certain observations and conclu sions expressed in the individual Judgments of Bhagwati CJI and one of us Ranganath Misra J appear to conflict with each other and prays that clarification be made
In the first place he has drawn our attention to the observations of Bhagwati CJI where the learned Chief Justice has taken the view that one of the two alternative options was open to the Government while appointing the Chairman a Vice Chair man and administrative members of the Administrative Tribu nal
The learned Chief Justice said that the appointment of Chairman Vice Chairman and members of the Administrative Tribunal should be made by the concerned government only after consultation with the Chief Justice of India
The alternative suggestion is that a High Powered Selection Committee should be appointed headed by the Chief Justice of India or a sitting Judge of the Supreme Court or the con cerned High Court to be nominated by the Chief Justice of India
In his Judgment our brother Ranganath Misra J has opted for the latter alternative
Having considered the matter carefully we are of opinion that in the case of recruitment to the Central Administrative Tribunal the appropriate course would be to appoint a High Powered Selec tion Committee headed by a sitting Judge of the Supreme Court to be nominated by the Chief Justice of India while in the case of recruitment to the State Administrative Tribunals the High Powered Selection Committee should be headed by a sitting Judge of the High Court 235 to be nominated by the Chief Justice of the High Court concerned
The second contention of the learned Attorney General is that the observations of Bhagwati CJI that for the appoint ment to the post of Vice Chairman of the Administrative Tribunal besides a District Judge an Advocate who is quali fied to be a Judge of the High Court should also be regarded as eligible calls for reconsideration because an Advocate will not have the administrative experience which is re quired for a member of the Administrative Tribunal
We are unable to accept the contention
In the first place an Advocate who is qualified to be a Judge of the High Court is an Advocate who by implication is qualified to perform not only the judicial duties but the administrative functions which a High Court Judge is expected to discharge
Secondly whether an Advocate applying for recruitment to the Adminis trative Tribunal has sufficient administrative potential can be examined and judged during the process of selection
We therefore do not propose to interfere with the observations made by Bhagwati CJI in his Judgment
The Learned Attorney General then prays that the time fixed in the Judgment for setting up additional Benches of the Administrative Tribunal should be extended to December 31 1987
Having regard to the circumstances of the case and the administrative requirements of the situation we have no hesitation in granting the time prayed for
The learned Attorney General also prays that time may be extended upto July 31 1987 for introducing legislation to give effect to the observations made by the Court in these cases
We grant time accordingly
The Review Petitions stand disposed of
PSS Petitions disposed of


Summary:
In these Review Petitions the Attorney General sought clarification of certain observations made in the individual judgments delivered on December 9 1986 disposing of the Writ Petitions filed by the petitioners challenging the vires of the 
Disposing of the Review Petitions HELD 1
In the case of recruitment to the Central Administrative Tribunal the appropriate course would be to appoint a High Powered Selection Committee beaded by a sitting Judge of the Supreme Court to be nominated by the Chief Justice of India while in the case of recruitment to the State Administrative Tribunals the High Powered Selec tion Committee should be headed by a sitting Judge of the High Court to be nominated by the Chief Justice of the High Court concerned
234G 235A 2
The contention that an advocate will not have the administrative experience which is required for a Member of the Administrative Tribunal cannot be accepted
An advocate who is qualified to be a Judge of the High Court is an advocate who by implication is qualified to perform not only the judicial duties but the administrative functions which a High Court Judge is expected to discharge
Whether an advo cate applying for recruitment to the Administrative Tribunal has sufficient administrative potential can be examined and judged during the process of selection
235B D Time fixed for introducing legislation to give effect to the obser 234 vations made in the Judgment and for setting up Additional Benches extended upto July 31 1987 and December 31 1987 respectively