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Report No. 123

Power of Appointment

7.15. Both the State Level Tribunal and the National Level Tribunal would be manned by judicial and non-judicial members. It is easy to locate the centre of power for recommending appointments for judicial members.

7.16. The Law Commission has submitted a comprehensive report for setting up of a National Judicial Service Commission. That body is going to have an effective voice in the appointment of Judges in regular hierarchy of courts at all levels. Therefore, that body can be confidently trusted to make recommendations for appointment of judicial members of the Stale Level and National Level Tribunals.

7.17. With regard to the appointment of non-judicial members, the Governor, in consultation with the University Grants Commission, will appoint non-judicial members of the State Level Tribunal. Similarly, the President of India, in consultation with the University Grants Commission, will appoint non- judicial members of the national level tribunal. This method of appointment will allay any apprehension in this behalf.

7.18. Looking to the expansive jurisdiction conferred on the State Level and National Level Educational Tribunal, there is going to be enough workload at both the levels. However, it is also necessary to transfer all pending matters in all courts, excluding the Supreme Court, to the tribunals that may be set up. Therefore, all education matters pending in all courts, excluding the Supreme Court, shall stand transferred to the respective tribunals having jurisdiction in this respect.

7.19. Education is a social overhead in a developing economy and, therefore, the expenses of the State level tribunal shall be borne by the State Government and of the National Level Tribunal by the Union of India.

7.20. The jurisdiction of the Supreme Court of India under Article 136 remains unimpaired by the changes herein indicated.

7.21. We recommend accordingly.

D.A. Desai,

V.S. Rama Devi,

New Delhi,
Dated: 15th January, 1988.

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