2015 (8) TMI 500 - SCH - Service Tax

Appointment of Members of CESTAT - Appointment on reserved category - By notification/advertisement dated 17.8.2009, applications came to be invited for appointment to the post of Member (Technical), CESTAT - Supreme Court dismissed the appeal filed by the appellant against the decision of High Court 2014 (4) TMI 846 - BOMBAY HIGH COURT wherein High Court There is no scope to assume that the Petitioner was mislead into believing that any posts had been reserved for the Members of Scheduled Caste/ Scheduled Tribes. In absence of any clear indication in the notification/advertisement, the Petitioner could never have insisted that one of the posts be treated as reserved post and the candidature of the Petitioner be considered against the same. The Petitioner, in the present case did not choose to challenge the notification/advertisement dated 17.8.2009 on the ground that no vacancy was declared as reserved vacancy . Instead the Petitioner applied for appointment in pursuance of the notification/advertisement dated 17.8.2009 without any demur - relief was rightly denied to the Petitioner.

Summary

The Supreme Court dismissed the appeal in the case with citation 2015 (8) TMI 500 - SC. Judges were R.M. Lodha, Kurian Joseph, and Rohinton Fali Nariman.