Case: R.S. Mittal Vs. Union of India

sitting Judge of this Court was gathering dust in records of the concerned Ministry since January 25, 1988. We take serious view of the matter and we direct that any recommendation of a Selection Board which is headed by a sitting Judge of this Court must be given prompt and immediate attention. Once there is a recommendation by such a Selection Board, nothing should intervene between the recommendation and the consideration by the appointments Committee of Cabinet (ACC). The Minister/Secretary in the Administrative Department is under a legal obligation and is duty bound to process the recommendation of the Selection Board by giving it a top priority an place the same before the ACC within reasonable time. In the present case though the action was stated to be initiated of February 28, 1989 the reference to the AC was made on May 1, 1989. We direct that the recommendations of the Selection Board headed by a sitting Judge of this Court must be placed before the ACC expeditiously and preferably within two months from the date of recommendation. 7.It is stated by the Central Government that the offer of appointment was sent to Mr. Murgod on January 30, 1990. He did not join till May 4, 1990 and as a consequence, the offer was cancelled. Thereafter no further offer was made to any other candidate and the matter was closed. 8. Apart from the appellant, Mr. S.P. Singh Chaudhary, who was at No. 2 in the select-panel also sought similar relief from the Central Administrative Tribunal. His application having been dismissed, he filed Civil Appeal No. 5156 of 1993 in this Court. Sri S.P. Singh Chaudhary was a member of the Delhi Judicial Service and was posted as Additional District and Sessions Judge at the relevant time. At the hearing of the appeal, we were informed that Sri S.P. Singh Chaudhary sought voluntary premature retirement from judicial service, which was granted by the Delhi High Court. He later on withdrew his appeal, which was disposed of as such by this Court on November 15, 1994. 9.At this stage, we may refer to Rule 4 of the Rules which is reproduced hereunder: "4. Method of Recruitment:- (1) There shall be a Selection Board consisting of - (i) a nominee of the Minister of Law; (ii) The Secretary to the Government of India Ministry of Law (Department of Legal Affairs); (iii) The President of the Tribunal; and (iv)Such other persons, if any, not exceeding two, as the Minister of Law may appoint- (2) The nominee of the Minister of Law shall be the Chairman of the Selection Board. (3) The Selection Board shall recommend persons for appointment as members from amongst the persons on the list of candidates prepared by the Ministry of Law after inviting applications therefore by advertisement or on the recommendations of the appropriate authorities. (4) The Central Government shall after taking into consideration the recommendations of the Selection Board make a list of persons selected for appointment as members. " * 10.As mentioned above, a sitting Judge of this Court being a nominee of the Minister of Law was the Chairman of the Selection Board. 11.The Tribunal dismissed the application by the impugned judgment on the following reasoning: (a) The selection-panel was merely a list of person found suitable and does not clothe the applications with any right of appointment. The recommendations of the Selection Board were directory and not therefore enforceable by issue of a writ of mandamus by the Court. (b) The letter of Ministry of Home Affairs dated February 8, 1982 which extends the life of panel till exhausted is not relevant in the present case. In, , the circumstances the life of the panel in this case cannot go beyond 18 months and as such expired in July, 1989. 12. It is no doubt correct that a person on the select-panel has no vested right to be appointed to the post for which he has been selected. He has a right to be considered for appointment. But at the same time, the appointing authority cannot ignore the select-panel or decline to make the appointment on its whims. When a person has been selected by the Selection Board and there is a vacancy which can be offered to him, keeping in view his merit position, then, ordinarily, there is no justification to ignore him for appointment. There has to be a justifiable reason to decline to appoint a person who is on the select-panel. In the present case, there has been a mere inaction on the part of the Government. No reason whatsoever, not to talk of a justifiable reason, w as given as to why the appointments were not offered to the candidates expeditiously and in accordance with law. The appointment should have been offered to Mr. Murgod within a reasonable time of availability of the vacancy and thereafter to the next candidate. The Central Governments approach in this case was wholly unjustified. 13. On the facts of this case, it is not necessary for us to go into the question o applicability of various instructions relied upon by the Tribunal. Even if there are any instructions which provide that a select-panel shall remain operative for one and a half year, the said period in our vie is sufficient for the Central Government to exhaust the select-panel of the type with which we are concerned in this case. We have already indicated the time-bound procedure to be followed in dealing with the select-panel of this type. 14. Sri Murgod who was at No. 1 of the select-panel did not accept the appointment. Sri S.P . Singh Chaudhary has already withdrawn his appeal and he is out of run. We arc not sure about the stand of the person who is at No.3 of the select-panel. Under the circumstances it would not be appropriate to issue any direction at this point of time in favour of the appellant who is at No.4 of the select-panel.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]12. It is no doubt correct that a person on the select-panel has no vested right to be appointed to the post for which he has been selected. He has a right to be considered for appointment. But at the same time, the appointing authority cannot ignore the select-panel or decline to make the appointment on its whims. When a person has been selected by the Selection Board and there is a vacancy which can be offered to him, keeping in view his merit position, then, ordinarily, there is no justification to ignore him for appointment. There has to be a justifiable reason to decline to appoint a person who is on the select-panel. In the present case, there has been a mere inaction on the part of the Government. No reason whatsoever, not to talk of a justifiable reason, w as given as to why the appointments were not offered to the candidates expeditiously and in accordance with law. The appointment should have been offered to Mr. Murgod within a reasonable time of availability of the vacancy and thereafter to the next candidate. The Central Governments approach in this case was wholly unjustified14. Sri Murgod who was at No. 1 of the select-panel did not accept the appointment. Sri S.P . Singh Chaudhary has already withdrawn his appeal and he is out of run. We arc not sure about the stand of the person who is at No.3 of the select-panel. Under the circumstances it would not be appropriate to issue any direction at this point of time in favour of the appellant who is at No.4 of the select-panel.