TMI Blog2012 (4) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... al Excise, Mumbai. In August 2009, Annexure A.7 Notification was issued by the Ministry of Finance, Govt. of India, inviting applications from eligible officers of Indian Customs and Central Excise Service to fill up some anticipated and unanticipated vacancies in the post of Member (Technical) in the CESTAT. The requisite eligibility criteria for the post in terms of the provisions contained under Sec. 129 (2) of the Customs Act 1962 read with the Customs, Excise and Service Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules 1987 (for short 'the Rules 1987') were indicated in the Notification. According to the applicant he did have all the requisite qualifications as notified and therefore, he applied for the above post in the prescribed format. 5. The applicant, as directed, appeared before the Selection Committee chaired by a sitting Judge of the Supreme Court Hon'ble Mr. Justice D.K. Jain and consisting of the President of CESTAT, the Revenue Secretary, and the Law Secretary in the Govt. of India. The applicant and the other 12 aspirants were interviewed by the Committee on September 18, 2010. 6. Later, the applicant came to know th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earmarked for reserved categories. He places reliance on a Notification issued by the Ministry of Law and Justice inviting applications for filling up the vacancies of Judicial and Accountant Members in I.T.A.T. in 2010. A copy of said Notification is available on record as Annexure A.4. It is true that the above Notification will show that certain vacancies were reserved for SC/ST and OBC candidates for the post of Judicial Members and Accountant Members. Learned Counsel contends that the Central Board of Excise and Customs which deals with the indirect taxes and Central Board of Direct Taxes which deals with direct taxes. Thus both the boards are revenue earning Departments of Government of India in the Ministry of Finance. Therefore, there is no reason why reservation policy is not applicable in CESTAT while it is scrupulously followed in the Income Tax Appellate Tribunal. 9. Per contra, it is contended by the official respondents in their written statement that the post of Member (Technical) in CESTAT is an ex-cadre post and this being a selection post there may not be any reservation for a particular Caste or Community. The slection is being made by a Committee headed by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... special categories of persons. 13. The short question is whether the applicant is justified in contending that he ought to have been selected since there was one more slot available for Scheduled Caste/Tribe Community in CESTAT and also since he was the only candidate available from that Community among the 13 aspirants who appeared before the Selection Committee. If the argument of the applicant is accepted the answer to the above question will have to be in the affirmative. In other words, it will have to be held that the Selection Committee ought to have selected the applicant without considering his credentials or the question whether he was suitable and meritorious enough to hold the post. 14. It is undoubtedly true that the fundamental rights as enshrined in the Constitution of India will have to be scrupulously enforced. The clauses contained in the relevant articles touching upon such rights and obligations will have to be broadly interpreted to enable the citizens to enjoy those rights enshrined in parts III and IV of the Constitution. The argument of the Learned Counsel for the Applicant will appear quite attractive at first blush. But it has to be noticed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion issued by the Government inviting the applications from eligible candidates did not refer to any reservation. The applicant participated in the Selection Process with his eyes wide open. After having availed of the chance to partake in the selection process with the full knowledge that the Rules of Reservation are not applicable for selection, he cannot now turned round and challenge the selection process on the ground that it is totally vitiated, illegal, arbitrary etc. The applicant has not challenged the Notification also. 19. The applicant has raised a further contention that in the Notification inviting applications a format of the application form was specifically prescribed. In the said application form, there was a specific column regarding caste status of the applicant. This, according to the applicant, clearly indicated that reservation was in contemplation of the Government while inviting applications. We are unable to agree with the above preposition advanced by the Learned Counsel for the applicant. In our view a query regarding the caste status of the applicant in the application form will not be indicator of the policy decision of the Government as contended b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Institute specifically provided that the Director shall, in filling vacancies in posts and services, either by direct recruitment or by promotion, under the Institute, make such reservations in favour of candidates belonging to the Scheduled Castes and Scheduled Tribes, as may be made by the Central Government from time to time in filling vacancies in posts and services under the Central Government. (Emphasis supplied by us). 23. We need not go into the various observations made by the Court in the above judgement, since in the case on hand it has been noticed already that there is no provision for reservation in Customs, Excise and Service Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules 1987. 24. However, the observations made by their Lordships after referring to the judgement in Ajay Kumar Singh vs. State of Bihar (1994) 4 SCC 401 and also in Indra Sawhney vs. UOI 1992 Sup. (3) SCC 217 is apposite: It is true that a suggestion was made for exclusion of the reservation in the specialised posts etc. under Section 16 (1) and 16(4). But it is to be seen that what the Constitution gives to the reserved candidates is a facility and opportunity to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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