Tribunal appointments clarified: selection committees, eligibility of High Court-qualified advocates, and time extensions for implementation.

For appointments to the Central Administrative Tribunal and State Administrative Tribunals, the selection process was clarified to require a High Powered Selection Committee headed by a sitting Supreme Court Judge nominated by the Chief Justice of India for the Central tribunal, and by a sitting High Court Judge nominated by the Chief Justice of the concerned High Court for State tribunals. An advocate otherwise qualified for appointment as a High Court Judge was affirmed as eligible for appointment as Vice-Chairman of an Administrative Tribunal, with administrative suitability to be assessed in selection. Time for setting up additional Benches and introducing legislation was extended.

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Issues: (i) the appropriate composition of the High Powered Selection Committee for recruitment to the Central Administrative Tribunal and the State Administrative Tribunals; (ii) whether an advocate qualified to be appointed as a Judge of a High Court is eligible for appointment as Vice-Chairman of the Administrative Tribunal; and (iii) whether the time fixed for setting up additional Benches and for introducing legislation required extension.

Issue (i): the appropriate composition of the High Powered Selection Committee for recruitment to the Central Administrative Tribunal and the State Administrative Tribunals

Analysis: A clarification was required on the earlier views expressed in the individual judgments regarding the mode of selection for appointments to the Tribunal. The preferred course was identified by reference to the need for an effective and credible selection mechanism for judicial and quasi-judicial appointments.

Conclusion: For recruitment to the Central Administrative Tribunal, the High Powered Selection Committee was directed to be headed by a sitting Judge of the Supreme Court nominated by the Chief Justice of India. For recruitment to the State Administrative Tribunals, it was directed to be headed by a sitting Judge of the High Court nominated by the Chief Justice of the High Court concerned.

Issue (ii): whether an advocate qualified to be appointed as a Judge of a High Court is eligible for appointment as Vice-Chairman of the Administrative Tribunal

Analysis: The objection that such an advocate would lack administrative experience was not accepted. The qualification for appointment as a High Court Judge was treated as implying suitability for both judicial and administrative functions, and the adequacy of administrative potential was held to be assessable during selection.

Conclusion: The eligibility of an advocate qualified to be appointed as a Judge of a High Court for appointment as Vice-Chairman of the Administrative Tribunal was affirmed.

Issue (iii): whether the time fixed for setting up additional Benches and for introducing legislation required extension

Analysis: The Court accepted the request for additional time in view of the circumstances and administrative requirements.

Conclusion: The time for setting up additional Benches was extended to 31 December 1987, and the time for introducing legislation was extended to 31 July 1987.

Final Conclusion: The review petitions were disposed of with clarifications on the selection process for Tribunal appointments, affirmation of eligibility for the post of Vice-Chairman, and extension of time for implementation measures.

Ratio Decidendi: For appointments to judicial and quasi-judicial tribunals, a High Powered Selection Committee headed by a sitting Judge nominated by the appropriate Chief Justice is an appropriate safeguard, and eligibility based on qualification for High Court judgeship encompasses administrative competence relevant to tribunal office.

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