AJAY KUMAR JAIN Vs. LIEUTENANT GOVERNOR, DELHI

JUDGEMENT

(1.) THE petitioner is a practising Advocate of this Court. He was appointed as one of the Presidents of the District Consumer Forum, Delhi by respondents No. 1 to 3 on 24.12.2003 for a fixed term of five years. His appointment was under Section 10 of the Consumer Protection Act, 1986 which provides for re-appointment of the President of District Forum provided he:

(2.) THE tenure of the petitioner as President, District Consumer Forum was to come to an end on 23.12.2008. However, before his term came to an end, the office of respondent No. 3 had issued an advertisement dated 16.12.2008 (at page 20 of the paper book) and had invited applications from eligible candidates for filling up of one vacancy of President, District Consumer Forum, Delhi, likely to be caused on retirement of the petitioner w.e.f 23.12.2008. In the said advertisement, the Department had reserved its right to form a select panel for filling up of vacancies that may arise in the years 2008 and 2009 and also the vacancy that may remain unfilled in the event of the selected candidate not joining the post, without any obligation on its part to make appointment from the waiting list.

(3.) SHRI Bharat Bhushan Choudhary, being selected candidate at serial No. 1 in the select panel, was offered appointment and he had joined as President, District Consumer Forum, Delhi on 30.04.2009. In the meanwhile, one more vacancy of President, District Consumer Forum, Delhi had arisen in the Department on account of resignation by Shri Virender Singh, President, Central District Consumer Forum on 06.04.2009. This vacancy was advertised by the respondents by issuing another advertisement on 21.07.2009 (at page 33 of the paper book) and applications were invited from eligible candidates for filling up of the said vacancy caused because of resignation of Shri Virender Singh. The petitioner did not apply against the vacancy advertised by the respondents on 21.07.2009. He, however, made representations to the respondents for his appointment on the basis of his being at serial No. 3 in the earlier select panel instead of filling up of the said vacancy by way of fresh recruitment. Since the petitioner did not hear any favourable response to any of his representations made by him to the respondents for his appointment, he has filed the present writ petition for directions to the respondents to appoint him to the vacant post of President, District Consumer Forum, Delhi instead of filling up the vacancy by way of fresh recruitment.