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2019 (7) TMI 1057 - HC - Income TaxSelection of Members of the Income Tax Appellate Tribunal - Applications for appointment to the posts of Member (Judicial/Accountant), Income Tax Appellate Tribunal (ITAT) - After first round of interviews, the Search-Cum-Selection Committee decided to call the candidates with 19 years of experience in the second round of interview, which is under challenge in these petitions. - HELD THAT:- This Court is of the view that Rule 4A of the Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963 empowers the Search-Cum-Selection Committee to evolve its own procedure. It is not in dispute that on conjoint reading of Section 252 of the Income Tax Act, 1961 and Rule Rule 4A of the Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963, the candidates with less than 20 years of experience can be short-listed and called for interview. In that view of the matter, the decision of the Search-Cum-Selection Committee to short-list candidates with 19 years of experience cannot be said to be arbitrary. Reference be made to Madhya Pradesh Public Service Commission v. Navnit Kumar Potdar [1994 (9) TMI 363 - SUPREME COURT] in which the Supreme Court upheld the action of Madhya Pradesh Public Service Commission to call for interview only 71 applicants out of 188 applicants on the ground that only candidates with 7½ years experience be called for interview whereas five years experience was the eligibility criteria. 9. There is no merit in both these writ petitions which are hereby dismissed. Pending applications are disposed of.
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