A K DOSHI Vs. UNION OF INDIA
LAWS(SC)-2001-3-77
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on March 02,2001

UNION OF INDIA,S.B.MATHUR,A.K.DOSHI Appellant
VERSUS
UNION OF INDIA,A.K.DOSHI Respondents

JUDGEMENT

S. N. Variava, J. - (1.) Leave granted.
(2.) These three Appeals are directed against the judgment dated 20th December, 1999 of the Delhi High Court. They are being disposed of by this common judgment. In this judgment parties will be referred to in the capacity in Civil Appeal arising from S.L.P. No. 19580 of 1999.
(3.) Briefly stated the facts are as follows: In 1997 some posts of Member, Company Law Board had fallen vacant. A Selection Committee headed by Mr. Justice S.C. Agarwal, a nominee of the Chief Justice of India, was constituted to make the selection. The minutes of the Selection Committee, dt. 2nd June 1997, read as follows: "4. On the basis of the performance of the candidates in the interview and taking into consideration all the relevant factors, the Selection Committee found the following candidates suitable, in order of merit, and accordingly recommended them for appointment as Members of the Company Law Board:- 1 Shri S. B. Mathur -Member (Technical) 2. Shri C.D. Paik -Member (Judicial) (ST) 5. 1 The reserve panel, to be used for this post of Member, Technical in the event of Shri S. B. Mathur not joining, shall be as follows in the order of priority indicated below:- 1. Dr. A. K. Doshi 2. Shri R. Vasudevan 5. 2 These candidates, if appointed, will rank junior to Shri C.D. Paik. 6. The Selection Committee did not find any candidate suitable for the post of Member (Judicial) (SC)." Thus the Selection Committee had selected the 2nd respondent. The reserve panel consisted of the names of the appellant and Shri R. Vasudevan. As per this selection only the name of the 2nd respondent and Shri C.D. Paik could be sent to the Appointments Committee. It was not denied that in normal course the Appointments Committee would act on the recommendations of the Selection Committee and these two persons would have been appointed. Shri C.D. Paik has been appointed as Member (Judicial). In these Appeals the dispute relates only in respect of appointment to the post of Member (Technical).;


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