GOVT OF NCT OF DELHI Vs. PREM LATA

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal against the judgment of the learned Single Judge of the High Court of Delhi at New Delhi. The respondent was a Member (Female) of the District Consumer forum, Delhi. On 06.04.2006, applications have been invited from suitable candidates for appointment on whole time basis for the post of Member (Female) in the District Consumer Forum, Delhi. The respondent herein had submitted her application for consideration as a Member (Female) as she was entitled to be considered for reappointment under proviso of Sub-section 2 of Section 10 of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act"). The last date for submitting the application was 21.04.2006. It appears that the respondent herein got submitted her application only on 1st May, 2006, as she was out of India for sometime. The application of the respondent was recommended by the President who is also the Chairman of the Selection Committee and, therefore, she was called for interview. When the panel of the selected candidates was sent to the Lt. Governor it was noticed that the application submitted by the respondent was delayed as it was sent on 1st May, 2006 i.e. beyond the stipulated date. The Lt. Governor rejected the candidature of the respondent on the ground that the application was sent late. Challenging that, the respondent has filed a Writ Petition (C) No. 61 of 2007 before the High Court and the same was considered by the High Court. By the impugned judgment, it was held that the case of the respondent was not that of appointment as envisaged under Sub-section 1-A of Section 10 of the Act, but of a reappointment as contemplated under proviso of Sub-section 2 of Section 10 of the Act and as the Delhi Administration nowhere denied or disputed the eligibility of the respondent for reappointment on the said post. Regarding delay in submitting her application, the High Court by pointing out the action of the President of the State Commission who was also Chairman of the Selection Committee recommended her case and she was called for interview and she being a sitting Member eligible for consideration for reappointment, allowed her writ petition and directed to declare result of the respondent. By saying so, the High Court set aside the decision of the Administration rejecting her claim on the ground of late submission of the application.

(3.) Heard Shri Gopal Subramanium, learned Additional Solicitor General and also the respondent, who appeared in person.