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2021 Supreme(SC) 742

L.NAGESWARA RAO, HEMANT GUPTA, S.RAVINDRA BHAT
MADRAS BAR ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. Arvind P. Datar, Senior Adv. (A.C.), Mr. Rahul Unnikrishnan, Adv.,Mr. T.V.S. Raghavendra Sreyas, AOR, Mr. K. K. Venugopal, AG, Mr. Balbir Singh ASG, Mr. R. Bala Subramaniun, Sr. Adv., Ms. Shraddha Deshmukh Adv., Ms. Chinmayee Chandra, Adv.,Mr. Zoheb Hossain Adv., Mr. Ankur Talwar Adv., Mr. Shyam Gopal Adv., Mr. A. K. Sharma AOR, Mrs. Anil Katiyar, AOR, Mr. Aruneshwar Gupta, Sr. Adv., Mr. Surajit Samanta ,Sr Adv.,Ms. Swati Arya, Adv., Ms. Anika Dhingra, Adv., Mr. Abhishek Sharma, Adv., Mr. Rajeev Singh, Adv., Mr. Sidharth Luthra, Sr. Adv., Ms. Sakshi kakkar AOR, Mr. Shakti singh, Adv., Mr. Ayush kaushik, Adv., Ms. Ankita Tiwari, Adv., Mr. Lakshay Mehta, Adv.

ORDER :

1. This Miscellaneous Application has been filed for clarification of the judgment of this Court dated 27.11.2020 in W.P.(C) No. 804/2020. Learned Attorney General for India submitted that the direction given in para 53(ii) of the judgment pertaining to constitution of Search-cum-Selection Committee needs modification. It is submitted that the Secretary to the Ministry of Law and Justice, Government of India who is made a member of the Search-cum-Selection Committee should be substituted by a Secretary to the Government of India nominated by the Cabinet Secretary from a Department other than the parent or sponsoring department.

2. Learned Attorney General submitted that there are 19 Tribunals and it will be difficult for the Secretary to the Ministry of Law and Justice to act as a Member of every Search-cum-Selection Committee which might hinder his other duties. He suggested that the composition of the Search-cum-Selection Committee should be changed and the Cabinet Secretary may be permitted to nominate two Secretaries to the Government of India from a Department other than the parent or sponsoring department instead of Secretary to Ministry of Law and Justice and another S

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