Hyderabad: The Telangana High Court on Monday issued notices to the department of personnel and training, the Ministry of Personnel Public Grievances and others seeking counters over a PIL challenging the rules and practices governing the recruitment of members to the Central Administrative Tribunal (CAT).
President of the CAT’s Bar Association, B Gurudas, a petitioner and an attorney in this case has brought up the legal question of how someone without legal expertise could be appointed as a judicial member of the tribunal.
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The petition states that according to Section 6 (2) (b) of the Administrative Tribunals Act, the judicial member shall not be a member of the Administrative Tribunal unless he is a judge of a High Court or is qualified to be one or has held the position of member-secretary, Law Commission of India for at least two years, or has held the position of additional secretary to the Government of India in the department of legal affairs and Legislative department at least for a period of five years.
The petitioner held the act as a breach of the law for selecting someone who has only held administrative positions without having a background in law.
He further argued that a person from the legal profession must be recruited for the post.