Bandopadyay's appointment had been challenged by one Veena Kalra, of the unsuccessful applicant to the post, on the alleged ground that the appointment was not as per the apex court's guidelines.
A bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw dismissed the plea saying "...Once we find the respondent Bandopadyay to be qualified in terms of the rules framed for the said purpose, no writ of quo warranto can be issued and particularly when there is no challenge even to the said rules."
The bench said the petitioner in the present plea has not challenged the Company Law Board (Qualifications, Experience and Other Conditions of Service of Members) Rules.
Kalra had sought quashing of Bandopadyay's appointment and a direction to the Union Ministry of Corporate Affairs "to make necessary and suitable amendments or modifications implementing the guidelines laid down by the Supreme Court with respect to selection and appointment to the post of Member (Technical) in Company Law Board (CLB).
The Central government on April 30, 2012 had appointed Bandopadyay as the Member (Technical) in CLB.
