Supreme Court clarifies that no litigation shall be entertained on the selection process in the appointments in Tribunals that have commenced; IPAB Chairperson appointment likely to remain intact [READ ORDER]

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The Supreme Court on March 20, 2018 [Read order] clarified its earlier order dated Feb 9, 2018 in the case of Kudrat Sandhu v/s Union of India that accepted suggestions made by the Central Administrative Tribunal Board Association with regard to appointment of chairpersons and judicial/ administrative/ technical/ expert members for all tribunals.

The Bench comprising of Chief Justice Dipak Misra, Justice AK Khanwilkar and Justice DY Chandrachud clarified that the selection process that has commenced shall continue and no litigation in that regard shall be entertained. Further that any other grievance in this regard shall be dealt with at the time of final hearing of the main case.

The SC clarified the following:

(i) The appointment of the Chairpersons of the Tribunals shall be made by the Central Government in consultation with the Chief Justice of India;

(ii) The Search-cum-Selection Committee (SCSC) for the appointment of Judicial Members of the Central Administrative Tribunal shall also proceed with the selection of Administrative Members;

(iii) The tenure of the Chairperson and the Judicial/Administrative/Expert/Technical Members of all the Tribunals shall be for a period of five years or the maximum age that was fixed/determined under the old Acts and Rules;

(iv) The Committee that has been constituted for selection of the Members of the Central Government Industrial Tribunal shall proceed as per our previous order as it has already proceeded with its work.

 With respect to the Appellate Board under the Trademarks Act, 1999 (i.e. IPAB), the Attorney General had provided the following details which are recorded in the order dated Feb 22, 2018.

Tribunal/

Appellate

Tribunal and

Other

Authorities

Existing

Vacancy

Whether

SCSC

constitute

under New

Rules. If yes,

its

composition

Status of

selection

process

Total

Numbers of

applications

as received

Interviews

Conducted +

Selection

made / Final

Appointment

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

applications

received for

Technical

Member

(Copy right)

NO

 

 

 

In view of the Supreme Court clarifying that the selection process that has commenced shall continue and no litigation in that regard shall be entertained, and any grievance would be taken only at the time of final hearing, it appears that the appointment of Justice Manmohan Singh as the Chairperson of IPAB will remain intact for the moment.