The Supreme Court has posted the matter on filling up of vacancies in the Income Tax Appellate Tribunal (ITAT) from the wait-listed candidates of 2005 selection for hearing in February next year.

A bench headed by Chief Justice K G Balakrishnan said the the issue will be taken up for final hearing on February 22 after a request from the three wait-listed candidates from the 2005 selection for early disposal of the case.

Chartered accountants Pradeep Kumar Kedia and Inturi Rama Rao had claimed appointment as accountant member, while B Krishna Mohan had sought offer as judicial member.

However, the matter has run into legal tangle as the centre is of the opinion that wait-listed candidates do not have a right to appointment and has moved the Supreme Court challenging an earlier order by the Delhi High Court asking it to fill up the vacancies with the candidates on the waiting roll.

The high court had dismissed the Ministry of Law and Justice's plea on the grounds that government's decision not to appoint wait-listed candidates, when there were vacancies, was arbitrary and unreasonable.

The Centre submitted before the apex court that the high court failed to notice that wait-listed candidates did not have the right for appointment.

The candidates in the select list were offered jobs but the Centre decided not to offer positions to those on the waiting list, the petition said, adding that there were some proposals to amend the recruitment rules, therefore, its decision cannot be termed arbitrary or unreasonable.