TMI Blog2019 (7) TMI 1057X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 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 7 y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been an advocate for at least ten years. Explanation for the purpose of (a) above: (i) In computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate or has held the office of a member of a Tribunal or any post, under the Union or a State, requiring special knowledge of law; (ii) In computing the period during which a person has been an advocate, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law after he became an ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid procedure for short listing of candidates. Both these writ petitions were dismissed on 17th May, 2019 on the ground that Rule 4A of the Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963 empowers the Selection Board to evolve its own procedure. This Court further held that there was no infirmity in the decision of the Committee to short-list the candidates. 5. 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. 6. The petitioner urged at the of hearing that the Search-Cum-Selection Committee can consider the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -Selection Committee to call the candidates with 19 years of experience. It is submitted that on conjoint reading of Section 252 of the Income Tax Act, 1961 and Rule 4A of the Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963, the Search-Cum-Selection Committee can short-list the candidates below 20 years of experience, which is not disputed by the petitioners. It is further submitted that the petitioner have no locus standi to maintain this petition as the petitioner in W.P.(C) 6875/2019 has 14 years of experience and the petitioner in W.P.(C) 6899/2019 has 15 years of experience. 8. This Court is of the view that Rule 4A of the Income Tax Appellate Tribunal Members (Recruitment and Conditio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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