The Hon’ble President of India, Rashtrapati Bhawan, New Delhi Sir, APPOINTMENT OF JUDGES/ KEY FUNCTIONARIES The Various Scams has unearthed that many of the High Dignitaries have been kingpin in the scandals. The most irritating thing is that the tainted continued to be elevated to higher posts and some of them have grabbed the prestigious posts. These episodes, inter alia, reveals the nexus of the government (more specifically to say political party in power) with the aspirants. The appraisal, unambiguously, are made for the posts ignoring the blemishness and thereby helped the tainted in elevation. The adverse features of characters of the accused turned High Court Judges or Chairperson/ Members of Committees/Boards/ Commissions etc. might not have been enunciated in the recommendation sent to you for the appointment on such credible post. Neither the misadventures character have developed overnight nor the recommending department/court/judge/collegiums were unaware of the factual position and they must have known all before subscribing to such recommendation. Your kind honour has been misled and certainly mistaken in such appointments and unfairness in appointment of the Hon’ble Judges or Chairperson / Members of Committees/Boards/ Commissions etc have been witnessed in most of the case. The appointments on key posts are recommended or made by Government irrespective of their characters and antecedents with a secret understanding /pact that the Authority will help the Government. To infuse accountability and transparency in the whole process the public advertisements for the posts be circularised and names of the aspirants must be disclosed and publicised over website as soon as applications/appraisals are received so public may, if desire, express opinions for scrutiny about the fitness of the aspirants. The Hon’ble Supreme Court has pleased to say in (C A NO. 1272 OF 2011 State of Orissa & Anr. Versus Mamata Mohanty .) , “Therefore, it is a settled legal proposition that no person can be appointed even on a temporary or ad hoc basis without inviting applications from all eligible candidates. If any appointment is made by merely inviting names from the Employment Exchange or putting a note on the Notice Board etc. that will not meet the requirement of Articles 14 and 16 of the Constitution. Such a course violates the mandates of Articles 14 and 16 of the Constitution of India as it deprives the candidates who are eligible for the post, from being considered.” This procedure must be adopted in respect of all Constitutional and Statutory appointments by your good office as well as by Governors since appointments made on any public post without inviting applications offend Article 14 and 16 of the Constitution. Dated: 14.02.11 yours faithfully MANI RAM SHARMA Advocate Nakul Niwas, Behind Roadways Depot SARDARSHAHAR- 331 403 Distt.Churu(Raj) E-mail; maniramsharma@gmail.com