2019 (7) TMI 1057

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....ent invited applications for appointment to the posts of Member (Judicial/Accountant), Income Tax Appellate Tribunal (ITAT). The qualifications of the Judicial Member, ITAT as given in para 5(a) of the circular are reproduced hereunder: "5 QUALIFICATIONS:- (a) JUDICIAL MEMBER:- A person shall not be qualified for appointment as a Judicial Member unless:- (i) he has for at least ten years held a judicial office in the territory of India; or (ii) he has been a Member of the Indian Legal Service and has held a post in Grade-II of the Service or any equivalent or higher post for at least three years; or (iii) he has been an advocate for at least ten years. Explanation for the purpose of (a) above: ....

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....nly complete applications received by 20th August, 2018. The Committee further resolved to call for interview 24 most experienced applicants from the profession i.e. practicing advocates and others (from the list prepared in decreasing number of experience) belonging to unreserved category against 9 unreserved posts. The Committee decided to hold the interviews of the short-listed candidates in the Supreme Court on 20th and 21st May, 2019. 4. The petitioner in W.P.(C) 6875/2019 and two other candidates namely Puneet Sharma and Mohinder Kaur Sahlot filed two writ petitions bearing W.P.(C) 5361/2019 and W.P.(C) 5365/2019 to challenge the aforesaid procedure for short listing of candidates. Both these writ petitions were dismissed on 17th M....

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....the candidates having experience of 10 years and above be called for interview whereas the petitioner in W.P.(C) 6899/2019 submits that only two petitioners before this Court be called for interview as other candidates having experience of 10 years and above, have not approached this Court. 7. Learned Standing Counsel for the respondent urged at the time of hearing that the Search-Cum-Selection Committee is empowered to evolve its own procedure in Rule 4A of the Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963 and there is no infirmity in the decision of the Search-Cum-Selection Committee to call the candidates with 19 years of experience. It is submitted that on conjoint reading of Section 252 of....