YASHBEER SINGH Vs. GNCT OF DELHI

JUDGEMENT

(1.) BY these petitions preferred under Articles 226 and 227 of the Constitution of India, the petitioners assail the advertisement dated 21.12.2010 issued by respondent No. 2/GNCTD for the purpose of inviting applications from candidates for appointment as whole-time members of the State Consumer Disputes Redressal Commission in Delhi (State Commission), established under the Consumer Protection Act, 1986 (The Act). The advertisement relates to two posts, out of which one post has been reserved for "Member (Female ­ non- judicial)" and the second post has been reserved for "Member (judicial)", for the purpose of creation of a second bench of the State Commission.

(2.) TO appreciate the submissions of the parties and to examine the issues raised by the petitioners, it is necessary to set out Section 16 of the Consumer Protection Act, 1986, which reads as follows:

(3.) LEARNED counsel submits that at present, apart from the President, who is a retired High Court Judge, the existing two members are females. He, therefore, submits that the respondent could not have reserved any post for a Member (Female ­ non-judicial), since the requirement of Section 16(1)(b), which provides that one of the members of the State Commission should be a woman, already stands satisfied. I may note that the respondent No. 1/UOI supports this stand of the petitioner in relation to the reservation of one post for Member (Female ­ non-judicial).