M.Y.EQBAL,J. - (1.) THE petitioner has prayed for quashing the order as contained in Letter No. 6850, dated 22.7.2004 issued under the signature of Registrar General, Jharkhand High Court, Ranchi whereby the application submitted by the petitioner for the post of Judicial Member in Customs, Excise and Service Tax Appellate Tribunal, (in short CESTAT) has not been forwarded to respondent No. 1, the Union of India, Ministry of Finance, Department of Revenue, New Delhi.
(2.) ON 11.1.2005 this matter was taken up and adjourned to 19.1.2005 directing the Registrar General to file counter affidavit. Pursuant to this order a counter affidavit has been filed. It appears from the record that the petitioner firstly moved before the Supreme Court of India in W.P. (Civil) No. 530 of 2004, which was dismissed as withdrawn with a liberty to file a petition under Article 226 of the Constitution of India before the High Court. The petitioner thereafter moved before the Delhi High Court in W.P. (C) No. 16980 of 2004, and the learned Judge by order dated 26.10.2004 dismissed the writ petition for want of jurisdiction and granted leave to the petitioner to approach the competent Court of Jurisdiction. Hence, this writ petition has been filed by the petitioner before this Court.
(3.) THE facts of the case lie in narrow compass : The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) consists of judicial and technical members. The Government of India constituted a Selection Committee under the Chairmanship of Hon'ble Justice Shivraj V. Patil, Judge of the Supreme Court of India. To fill up the vacancy of judicial member, the Hon'ble Judge of Supreme Court of India, issued letters to the Hon'ble Chief Justices of the High Courts vide letter dated 31.5.2004 with the request to bring to the notice of the eligible and competent persons in judicial side and the Bar, so that they may apply for the said post. A copy of the said letter has been annexed as An -nexure -3, to this writ petition. On the basis of the said leter, the Registrar General of this Court vide letter dated 25.6.2004 directed all the District & Sessions Judges of the State of Jharkhand for circulation of the aforesaid letter amongst the eligible judicial officers, with a direction to submit their applications in the prescribed Proforma to the High Court latest by 3.7.2004. The said letter was circulated amongst the judicial officers including the petitioner on 2.7.2004. The petitioner submitted his application altogether with all documents on 13.7.2004, but the said application was not forwarded to the concerned department on the ground that it was submitted after 3.7.2004. This fact was communicated to the petitioner by the Registrar General of this Court vide letter dated 22.7.2004. The petitioner thereafter filed a representation before the Registrar General of this Court requesting for forwarding the application, but the Registrar General informed the petitioner that this Court is not inclined to forward his application.;