In these two OAs, the grievance of the applicants is that their applications for selection to the post of Member, Income Tax, Appellate Tribunal are not being treated as valid on account of the fact that their APARs were not received before the stipulated date i.e. 20.08.2018. The learned counsel for the applicants submits that the forwarding of the APARs was in the hands of the department and they had no control over that aspect.
2. While admitting the OAs Nos.1546/2019 and OA No.1841/2019, interim orders were passed on 20.05.2019 and 21.06.2019, respectively. It was directed that the feasibility of taxguru.in including the name of the applicant in the list of candidates to be interviewed, shall be considered if he has fulfilled other conditions, ignoring the fact that the APARs were received at a later point of time.
3. Heard Shri Yogesh Sharma and Shri M.D. Jangra for Shri Yashpal Rangi, learned counsel for the applicants and Shri Hanu Bhaskar and Shri S.N. Verma, learned counsel for the respondents.
4. The only issue that arises for consideration in these OAs is as to whether the applications submitted by the applicants can be treated as holding good to enable them to be considered for selection. It was on account of the fact that their APARs were not received by the concerned agency by 20.08.2018. Even while passing the interim order, the fact that the Ministry of Law and Justice has forwarded particulars of three candidates long after 20.08.2018, was taken note of.
5. The respondents have not filed any counter affidavit so far. However, it is brought to our notice that the applications of the applicants were forwarded to the selection committee.
6. We, therefore, dispose of the OAs by directing that the case of the applicants shall be considered by the selection committee for appointment to the post of Member, Income Tax Appellate Tribunal without taking into account, the aspect of delay as regards the receipt of APARs. It is needless to mention that the selection committee shall be entitled to examine the other aspects. There shall be no order as to costs.