The Supreme Court has expressed its displeasure over the manner in the vacancies have been filled in the tribunals. The N.V. Ramana led bench categorically pointed out to the cherrypicked appointments made at the NCLT and NCLAT. 

The Supreme Court criticized the government for disregarding the time and time and effort put by the Supreme Court Judges in interviewing and finalizing the recommendations as part of the selection process of the Search Cum Selection Committee. It categorically pointed to the appointments made to to NCLT and NCLAT and said that the government has chosen candidates out of the wait list instead of the select list.

It is pertinent to note that thousands of candidates were interviewed for the posts in a span of one year. Chief Justice N.V. Ranmana was himself part of the process while interviewing candidates for the vacancies of NCLT and NCLAT.

In an affidavit filed in the Supreme Court on Tuesday, the central government informed that all the recommendations suggested by the search cum selection committee for the relevant period have been adhered to and there is no pendency in this regard. As many as 84 appointments have been made to six Tribunals across India since 2020.

The affidavit further gave a bifurcation of the recommendations and appointments made across the six tribunals as under.

NCLT

Recommendations

11 Judicial members  

10 technical members

Appointments

8 judicial members 

10 technical members;

TDSAT

Recommendations 

2 

Appointments

1

ITAT

Recommendations 

16 judicial members 

12 accountant members

Appointments

6 judicial members 

7 accountant members

NCDRC

Recommendations

4 judicial members 

2 technical members.

Appointments

2 judicial members 

2 technical members

APTEL

Recommendations

Technical Member: 1

Appointments: 1

AFT

Recommendations

8 judicial members 

8 technical members

Appointments 

6 judicial members

5 administrative members 

For the current vacancies, the government had stated that SCSCs have to make fresh recommendations for Centre to consider and make appointments. The affidavit was filed after the Supreme Court had strongly criticized the government for failing to fill tribunal vacancies in time. It seems that the criticism is not going to die down soon.