A two-judge bench of the Supreme Court comprising the Chief Justice has dismissed a writ petition challenging the appointment of Vice-Presidents of the Income Tax Appellate Tribunal (ITAT).
The grievance of the petitioner, Mr. Aniruthan was that the procedure for selection was contrary to the decision of this Court in Roger Mathew vs South Indian Bank Limited and Others.
A bench comprising the Chief Justice and Justice J.B. Pardiwala observed that the High Court has entered upon the submission which was urged by the petitioner.
“We are of the considered view that no recourse to the writ jurisdiction of the High Court to seek a writ of quo warranto could have been taken. There is no challenge to the eligibility of the fourth and fifth respondents. If there are other remedies available in respect of the alleged breach of the directions in Roger Mathew vs South Indian Bank Limited and Others (supra), it is open to an aggrieved individual to pursue such remedies in accordance with law,” the two-judge bench said.
The Apex Court further observed that there is no dispute about the fact that the fourth and fifth respondents meet the eligibility requirements for holding the office to which they have been appointed. The appointments were made in January 2020.
While dismissing the writ petition, the bench further clarified that we have not entered upon the correctness of the reasoning of the High Court in view of our above finding that a petition seeking a writ of quo warranto was misconceived. We accordingly affirm the decision of the High Court to dismiss the writ petition, though for the reasons which are indicated above.
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