STATE OF KERALA Vs. K REGHU VARMA

JUDGEMENT

(1.) The issue raised in these writ appeals pertains to the method of selection and appointment of the President of the Consumer Disputes Redressal Forum, under the provisions of the Consumer Protection Act, 1986. The appointment is in respect of two districts, Kottayam and Wayanad. The question is whether the Government, which is the appointing authority, is bound to make appointments as per the selection made by the Selection Committee. The undisputed factual position is that the Selection Committee conducted interview and on the basis of merit, prepared a select list. The Government, ignoring the order of merit, appointed two Presidents, of course, from the panel prepared by the Selection Committee. The learned single Judge has taken the view that once the Selection Committee having assessed the merit of the qualified candidates and having recommended the candidates in the order of merit, without assigning any reason, the Government could not have ignored the select list prepared on the basis of merit as assessed by the Selection Committee and hence the appeals by the State.

(2.) Under the Scheme of the Consumer Protection Act, 1986, the appointment is to be made by the Government on the recommendation of the Selection Committee. To quote the provision as prescribed under Section 10(lA)of the Act:

(3.) Thus in the case of appointment of members of the District Forum there are seven stages :