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2001 (3) TMI 900 - SC - Companies LawAppointment of Member (Technical), CLB - Held that:- Appeal dismissed. The appointment of the appellant was correctly set aside as he had been unduly favoured and the candidate selected by the Selection Committee and placed on the merit list had been deprived of appointment. On the facts of this case the contention raised on behalf of the appellant that the 2nd respondent could not challenge the appellants appointment since he (2nd respondent) had not challenged the rejection of his name by the Appointment Committee cannot be accepted. Even assuming that the 2nd respondent could have challenged the rejection of his name by the Appointment Committee he would have a cause of action to challenge the appointment of the appellant who was undisputedly placed below him in the panel drawn up by the Selection Committee. However, as the post of the Member (Technical), CLB has remained vacant for a long time, it is absolutely necessary that this post be filled up as expeditiously as possible. Only the Report of the Selection Committee and the materials placed before it must be placed before the Appointments Committee for its consideration. The Appointments Committee must now select from amongst these names.
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