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TMI Blog2018 (2) TMI 1569X X X X Extracts X X X X X X X X Extracts X X X X ..... February 2018, an interim order was passed by this Court after considering the suggestions filed during the course of hearing. The suggestions read as follows: 1. Staying the composition of Search-cum-Selection Committee as prescribed in Column 4 of the Schedule to the Tribunal, Appellate Tribunal and Other Authorities (Qualification, experience and other conditions of service of members) Rules, 2017 both in respect of Chairman/Judicial Members and Administrative Members. A further direction to constitute an interim Search-cum Selection Committee during the pendency of this W.P. in respect of both Judicial/Administrative members as under : a. Chief Justice of India or his nominee - Chairman b. Chairman of the Central Administrative Tribunal - Member c. Two Secretaries nominated by the Government of India - Members 2. Appointment to the post of Chairman shall be made by nomination by the Chief Justice of India. 3. Stay the terms of office of 3 years as prescribed in Column 5 of the Schedule to the Tribunal, Appellate Tribunal and other Authorities (Qualification, experience and other conditions of service of members) Rules, 2017. A further direction fix ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.2018. Mr. Arvind Datar, Mr. C.A. Sundaram and Mr. Mohan Parasaran, learned senior counsel shall also file through their Advocates-on- Record a joint memorandum with regard to which tribunals are covered and not covered. The same shall be filed by 10.30 a.m. on 13.2.2018. Orders reserved. 5 The Attorney General has in pursuance of the proceedings which took place on 12 February 2018 filed a tabular chart indicating the status of the selection process in respect of 19 tribunals. Written notes have been filed by Mr Vikas Singh, Senior Advocate and by Mr Vijay Kumar Verma, Advocate (appearing respectively in Writ Petition (Civil) No. 279 of 2017 and companion cases and Writ Petition (Civil) No. 640 of 2017). 6 The tabular chart submitted by the Attorney General indicates the following details individually in respect of 19 tribunals: (i) Whether the SCSC has been constituted; (ii) Whether advertisements have been issued for judicial and/or technical (or expert) members; (iii) Whether applications have been received; (iv) Whether the process of shortlisting or, as the case, may be holding interviews has been completed; and (v) Whether appointments ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the existing selection committee has the same composition as provided for in the new rules. Advertisements inviting applications were issued and 141 applications have been received by the SCSC. We clarify that the selection process for the NCLAT shall continue and shall not be affected by the interim directions dated 9 February 2018. NCDRC 11 For the appointment of the President of the National Consumer Disputes Redressal Commission, the applications received have been forwarded to the Chief Justice of India by the Ministry for Consumer Affairs, Food and Public Distribution. A recommendation is to be made by the CJI in terms of Rule 4 read with Item No. A of Column No. 4 of Serial No. 16 of the relevant Rules. 12 For judicial and non-judicial members of NCDRC, the SCSC has shortlisted candidates. Recommendations have been made by the SCSC in February 2018. The selection process has been substantially completed. It may proceed to its logical conclusion without being affected by the directions dated 9 February 2018. However, it is made clear that the appointment of President of NCDRC is to be made by a nomination of the CJI. AAR 13 For the Authority for Advance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... post of Chairman SCSC Constituted. Vacancy circulate issued 17 Interviews not yet conducted NA 5 Telecom Disputes Settlement and Appellate Tribunal (TDSAT) One vacancy in respect of a Member will arise on 12.5.2018 SCSC Constituted. Advertisement for the post of Member, TDSAT will be issued in a day or two so as to fill the vacancy arising on 12.05.2018 NA NA NA 6 Appellate Board Under Trade Marks Act 01 vacancy for post of Vice Chairman, 01 vacancy for post of Technical Member (Trade Mark), 01 vacancy for post of Technical Member (Patent) and 02 vacancies for post of Technical Member (Copy right) SCSC Not yet constituted. Vacancies advertised in November, 2017 09 applications received for post of Vice Chairman, 14 applications receiver for post of Technical Member (Trade Mark), 17 applications received for Technical Member (Patent) and 15 applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Armed Forces Tribunal (AFT), the composition of the Selection Committee under the old rules and the SCSC under the new rules for vice chairperson, judicial members and administrative members is the same. Recommendations have been made. The selection may hence proceed for AFT (Serial No. 8 above). 17 As regards the selection of the President of the ITAT, a recommendation has already been made. Hence, the selection process will be taken to its logical conclusion. The SCSC for the rest of the tribunals in the above chart (other than Serial No. 8) shall be governed by the interim directions dated 9 February 2018. 18 In all cases where the CJI has nominated the Chairperson of the SCSC for making recommendations for appointment of Chairperson/President/Presiding Officer of any tribunal and the Committee has begun its work by holding a meeting, the process will continue on the basis of the terms and conditions and eligibility stated in the advertisement issued or, as the case may be, as notified on the directions of the SCSC for ascertaining expression of interest. 19 All recommendations made or to be made by any SCSC as referred to above for appointment of Chairperson and/or me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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