STATE OF GUJARAT Vs. MEENABEN J DHARMANI

JUDGEMENT

(1.) THE question that has come up for consideration in these cases is `whether the State Government has properly exercised its statutory powers conferred on it under clause (b) of Section 9 read with Section 10 (1) (b) of the Consumer Protection Act, 1986 (for short `the Act'), while appointing Members of District Consumer Disputes Redressal Forums, in the districts of Jamnagar, Kutch and Junagadh'.

(2.) THE State Consumer Disputes Redressal Commission has invited applications for filling up various vacancies that arose in the District Consumer Disputes Redressal Forums (for short `district Forums') , such as, Jamnagar, Kutch, Junagadh, Vadodara, etc. Several persons applied including the petitioners in Special Civil Applications Nos. 11974, 12977 and 9023 all of 2007, of which, petitioners in Special Civil Applications Nos. 11974 and 9023 of 2007 had earlier been functioning as Members of the District Forums at Jamnagar and Kutch.

(3.) SELECTION Committee, consisting of the President of Consumer Disputes Redressal Commission (for short `cdrc') as Chairman, Principal Secretary, FCS and CA Department, and Secretary, Legal Department as Members, met on 22. 11. 2006 and interviewed various candidates for selecting suitable candidates for appointment as Members of the District Forum, Jamnagar. The Committee could not find out a suitable male member. Consequently, the Committee unanimously decided to recommend the names of two female candidates for appointment as Members of the District Forum, Jamnagar. Two candidates were shown in the merit lists and two other candidates were shown in the waiting list, and the recommendation was forwarded to the State Government. Petitioner in Special Civil Application No. 11974 of 2007 was first in the merit list and respondent no. 3 was first in the waiting list.