LAWS(APH)-2010-8-130

B DURGA KUMARI Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On August 17, 2010
B. DURGA KUMARI Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This Writ Petition is filed with a prayer to declare the action of the Respondents in appointing the 4th Respondent as Lady Member, District Consumer Forum, Kadapa, as arbitrary and also to declare that the writ Petitioner herein is eligible for appointment to the post of Lady Member, District Consumer Forum, Kadapa, in terms of Section 10(2) of the Consumer Protection Act, 1986 (for short - 'the Act'), subject to fulfillment of qualification and other conditions for appointment in terms of Section 10(1)(b) and 10(3) of the Act and to direct the Respondents to consider the claim of the writ Petitioner herein for re-appointment as Lady Member in District Consumer Forum, Kadapa.

(2.) The facts, in brief, are that as the Petitioner possesses the required qualification, she was appointed as a Lady Member, District Consumer Forum, Kadapa, and she worked as such for two terms i.e. from 21.04.1999 to 20.04.2004 and from 12.07.2004 to 11.07.2009. It is stated that during the second term she submitted an application dated 26.03.2009 to the State Commission, Andhra Pradesh, Hyderabad, requesting to consider her case for re-appointment and the same was not considered. Later, a notification for the post of Lady Member, District Consumer Forum, Kadapa, dated

(3.) Though initially the appointment of 4th Respondent for the said post is challenged, since the 4th Respondent has already joined in the said post, the learned Counsel for the Petitioner has restricted her claim only to that of the eligibility of the Petitioner for re-appointment and, therefore, the eligibility or otherwise of the 4th Respondent to hold the said post need not be gone into.