NUTAN THAKUR Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard Sri Asok Pande, learned counsel for the petitioner, Sri Vijay Bahadur Singh, learned Advocate General along with Smt. Bulbul Godiyal, learned Additional Advocate General assisted by Sri Mohd. Mansoor, learned Additional Chief Standing Counsel, Sri A.N. Trivedi, learned Additional Chief Standing Counsel, Sri Vivek Kumar Shukla, learned Additional Chief Standing Counsel, and Sri Abdul Moin, learned Additional Chief Standing Counsel for the respondents.

(2.) The petitioner has challenged the decision of the State Government and the consequential appointment of the respondent no.4- Hon'ble Mr. Justice Syed Rafat Alam, the former Chief Justice of Madhya Pradesh High Court and the Allahabad High Court, presently occupying the office of the Chairman, Central Administrative Tribunal, New Delhi to the post of Chairperson of the U.P. State Human Rights Commission under the Protection of Human Rights Act, 1993 on the ground that the appointment was impermissible keeping in view the bar of Section 11(a) of the Administrative Tribunals Act, 1985.

(3.) Sri Asok Pande, learned counsel for the petitioner, contends that the process of appointment to exclusively consider the candidature of only one Chief Justice without there being any requisite statutory exercise having been undertaken for holding selections, the process adopted by the State Government apart from the aforesaid debarment clause has vitiated the same.