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2021 (8) TMI 477 - HC - Income TaxAppointment of respondents 4 and 5 to the office of the Vice President of the Income Tax Appellate Tribunal - principal objection of the petitioner is that these interim orders of the Apex Court do not apply to an appointment made on 22.01.2020 - HELD THAT:- Upon perusal of the minutes of the Search-cum-Selection Committee meeting on 08.04.2019, it is clear that the Search-cum-Selection Committee took into account the interim order of the Supreme Court in KUDRAT SANDHU VERSUS UNION OF INDIA AND ANR. [2018 (3) TMI 643 - SUPREME COURT] which was part of the ROJER MATHEW VERSUS SOUTH INDIAN BANK LTD. & OTHERS [2019 (11) TMI 716 - SUPREME COURT] batch, and proceeded to record that the said interim order mandated that all appointments made pursuant to the selection by the interim Search-cum-Selection Committee shall abide by the conditions of service as per the old Act and the Rules. Thus, it is evident that the interim Search-cum-Selection Committee acted strictly in accordance with the interim orders passed in Rojer Mathew as subsequently recorded in MADRAS BAR ASSOCIATION VERSUS UNION OF INDIA & ANR. [2020 (12) TMI 3 - SUPREME COURT]. The petitioner has completely failed to establish that the appointments are contrary to the relevant parent Act or the rules framed thereunder. Accordingly, there is no merit in the petitioner’s challenge - Petition dismissed.
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