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2006 (1) TMI 627 - SUPREME COURTValidity Of Appointment of 'Judicial Member' and 'Administrative Member' - Selection Committee - Jurisdiction, Powers and Authority Of Central Administrative Tribunal ("the CAT") - Whether consultation for appointment with the Chief Justice of India is a routine matter, or an idle formality ? - HELD THAT:- Unfortunately, the High Court seems to have proceeded on the footing that the appointment was being made on its own by the Central Government and that there was an irregular procedure followed by the Secretary by giving undue importance to the IB report. It was most irregular on the part of the High Court to have sat in appeal over the issues raised in the IB report and attempted to disprove it by taking affidavits and the oral statement of the Advocate General at the Bar. We strongly disapprove of such action on the part of the High Court, particularly when it was pointed out to the High Court that, along with the proposals made by the Government, the Minister of State had specifically directed for submission of the IB report to the Chief Justice of India for seeking his concurrence, and that this was done. We note with regret that the High Court virtually sat in appeal, not only over the decision taken by the Government of India, but also over the decision taken by the Chief Justice of India, which it discarded by a side wind. In our view, the High Court seriously erred in doing so. Even assuming that the Secretary of the concerned department of the Government of India had not apprised himself of all necessary facts, one cannot assume or impute to a high constitutional authority, like the Chief Justice of India, such procedural or substantive error. The argument made at the Bar that the Chief Justice of India might not have been supplied with the necessary inputs has no merit. If Parliament has reposed faith in the Chief Justice of India as the paterfamilias of the judicial hierarchy in this Country, it is not open for anyone to contend that the Chief Justice of India might have given his concurrence without application of mind or without calling for the necessary inputs. The argument, to say the least, deserves summary dismissal. In this matter, the approach adopted by the Jharkhand High Court commends itself to us. The Jharkhand High Court approached the matter on the principle that judicial review is not available in such a matter. The Jharkhand High Court also rightly pointed out that mere inclusion of a candidate's name in the selection list gave him no right, and if there was no right, there could be no occasion to maintain a writ petition for enforcement of a non-existing right. We consider it unnecessary to refer in detail to a number of authorities on which the Second Respondent has relied for, in our view, they are not relevant. In the result, we are of the view that the impugned judgment of the High Court of Himachal Pradesh is erroneous and needs to be set aside, while the judgment and order of the High Court of Jharkhand are right and in consonance with the position in law and need to be upheld. Hence, we dismiss Civil Appeal directed against the judgment and order of the High Court of Jharkhand. We allow the appeal of the Union of India in Civil Appeal and set aside the impugned judgment of the High Court of Himachal Pradesh in Writ Petition.
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