ASHA SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though these appeals are listed to consider I.A.No.2/2020 which is filed in W.A. No.5600/2017 for early hearing of these appeals, we have heard learned counsel for appellants in detail and perused the material on record.

(2.) These appeals are filed by the respective writ petitioners in W.P. No.6720/2017 connected with W.P. No.5734/2017, assailing the order of the learned Single Judge dated 22.08.2017. By the said order, learned Single Judge has held that a President of a Consumer Disputes Redressal Forum also known as 'District Forum' is not entitled to seek reappointment or fresh appointment as President of the District Forum in view of the extant Act and Rules.

(3.) In W.A. No.5600/2017, the facts are that the petitioner had served as President of the Dakshina Kannada District Forum for two terms, commencing from the year 2006 till 2016. Prior to that, she had practiced as an Advocate for about sixteen years and was qualified to be appointed as a District Judge as contemplated under Section 10(1)(a) of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act' for the sake of brevity). That she was the senior-most lady President of the District Fora in the State and had an excellent track record. That a notification was issued on 17.06.2016 for the purpose of filling up of the post of President of District Fora in various places in the State. She responded to the said notification, but she was not selected and instead only retired District Judges were selected pursuant to the said notification. According to her, she was entitled to be selected having regard to her rich experience and eligibility under the provisions of the Act. In the circumstance, she assailed the selection process seeking a declaration that selection of only retired District Judges as a President of District Fora was illegal, unjust, arbitrary and contrary to the purported intention of the notification dated 17.06.2016 and she sought for quashing of the entire selection process.