Gujarat High Court refuses former NCLT member's plea for reappointment

Gujarat High Court refuses former NCLT member's plea for reappointment

Rules that the petitioner's case could only be considered along with other aspiring candidates

The Gujarat High Court has disposed of a plea filed by Manorama Kumari, the retired judicial member of the National Company Law Tribunal (NCLT), seeking her reappointment to the post.

In the Manorama Kumari vs Union of India case, the bench of Justice NV Anjaria and Justice Sandeep N Bhatt emphasized that merely because the petitioner wanted to be considered and opted for reappointment, it did not entitle her to seek a writ from the court.

The court clarified that if vacancies were available, "The petitioner's case could be considered along with other aspiring candidates in accordance with the law and on its own merits."

As an NCLT member, the petitioner held the office for five years from 2016- 2021. She expressed her willingness to continue in the position for another five years. Pursuant to this, she filed a petition seeking her reappointment. She also submitted that expeditious appointments were the bedrock for the independence of judicial institutions.

The petitioner relied on the judgment of the Supreme Court in the NCLT and Appellate Tribunal Bar Association vs. Ministry of Corporate Affairs case, wherein the court addressed its concerns about the avoidable delay in filling up the vacancies in NCLT.

However, the court stated that such direction could not be granted. The bench also refused to accept her plea seeking the formation of a policy that appointments should be rational and transparent.

Disposing of the petition, the court stated, "The authorities cannot be presumed to be not alive to sub-serve the interests of NCLT and act in accordance with the directions of the Supreme Court."