ORDER
M.Y. Eqbal, J.
1. The petitioner has prayed for quashing the order as contained in Letter No. 6850, dated 22.7.2004 issued under the signature of Registrar General, Jharkhand High Court, Ranchi whereby the application submitted by the petitioner for the post of Judicial Member in Customs, Excise & Service Tax Appellate Tribunal, (in short CESTAT) has not been forwarded to respondent No. 1, the Union of India, Ministry of Finance, Department of Revenue, New Delhi.
2. On 11.1.2005 this matter was taken up and adjourned to 19.1.2005 directing the Registrar General to file counter affidavit. Pursuant to this order a counter affidavit has been filed.
3. It appears from the record that the petitioner firstly moved before the Supreme Court of India in W.P. (Civil) No. 530 of 2004, which was dismissed as withdrawn with a liberty to file a petition under Article 226 of the Constitution of India before the High Court. The petitioner thereafter moved before the Delhi High Court in W.P. (C) No. 16980 of 2004, and the learned Judge by order dated 26.10.2004 dismissed the writ petition for want of jurisdiction and granted leave to the petitioner to approach the competent Court of Jurisdiction. Hence, this writ petition has been filed by the petitioner before this Court.
4. The facts of the case lie in narrow compass :
The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) consists of judicial and technical members. The Government of India constituted a Selection Committee under the Chairmanship of Hon’ble Justice Shivraj V. Patil, Judge of the Supreme Court of India. To fill up the vacancy of judicial member, the Hon’ble Judge of Supreme Court of India, issued letters to the Hon’ble Chief Justices of the High Courts vide letter dated 31.5.2004 with the request to bring to the notice of the eligible and competent persons in judicial side and the Bar, so that they may apply for the said post. A copy of the said letter has been annexed as An-nexure-3, to this writ petition. On the basis of the said leter, the Registrar General of this Court vide letter dated 25.6.2004 directed all the District & Sessions Judges of the State of Jharkhand for circulation of the aforesaid letter amongst the eligible judicial officers, with a direction to submit their applications in the prescribed Proforma to the High Court latest by 3.7.2004. The said letter was circulated amongst the judicial officers including the petitioner on 2.7.2004. The petitioner submitted his application altogether with all documents on 13.7.2004, but the said application was not forwarded to the concerned department on the ground that it was submitted after 3.7.2004. This fact was communicated to the petitioner by the Registrar General of this Court vide letter dated 22.7.2004. The petitioner thereafter filed a representation before the Registrar General of this Court requesting for forwarding the application, but the Registrar General informed the petitioner that this Court is not inclined to forward his application.
5. From the facts narrated above, it is, therefore, manifest that the application of the petitioner was not forwarded by this Court only because of late submission of application after 3.7.2004. From perusal of the letter dated 31.5.2004 issued by the Hon’ble Justice Shivraj V. Patil, to the Hon’ble Chief Justices of the High Courts, it transpires that the application was to be forwarded to the Department of Revenue within 45 days from the date of publication of notice (Advertisement in the newspaper). It was also mentioned that advertisement was being issued in the newspaper inviting applications for the said post. As noticed above, the said letter was circulated amongst the judicial officers including the petitioner only on 2.7.2004 as is evident from Annexure-4, to this writ petition. The petitioner, within a few days, collected all the documents and submitted application on 13.7.2004. The Registrar General of this Court fixed 3.7.2004 as the cut-off date for submission of application and the same was without any basis. The said application was not placed before the Hon’ble Chief Justice. From the concerned file of the record, it reveals that on 21.7.2004, a note was placed by the Joint Registrar (Establishment) to the Registrar General of this Court stating about the submission of the application filed by the petitioner and the Registrar General without bringing it to the notice of the Hon’ble the Chief Justice did not forward the application. It was only when the petitioner was informed by the Registrar General that his application was not forwarded; he filed representation requesting to forward his application. Thereafter, that representation was for the first time brought to the notice of the Hon’ble the Chief Justice by the Registrar General only on 17.8.2004 giving impression to the Hon’ble the Chief Justice that the application was submitted on the ground, that 50 days after the letter of Hon’ble Mr. Justice Shivraj V. Patil was shown to the petitioner. On the basis of incorrect facts placed before the Hon’ble the Chief Justice, His Lordships made a note that because of delay, the application need not be forwarded. In my opinion, therefore, the non-forwarding the application of the petitioner by reason of misinterpreting the letter of Hon’ble Judge of the Supreme Court and by fixing the cut-off date of his own by he Registrar General is wholly unreasonable and unjustified.
6. This Court has been informed by the learned counsel appearing for the petitioner that even the date of interview has not been fixed. In the facts and circumstances, therefore, Registrar General of this Court is directed to immediately and forthwith, forward the application submitted by the petitioner to the concerned Department. This writ petition is disposed of accordingly. Petition disposed of.