LAWS(P&H)-2018-12-56

CHARANJIT SINGH Vs. STATE OF PUNJAB & ANR

Decided On December 19, 2018
CHARANJIT SINGH Appellant
V/S
State Of Punjab And Anr Respondents

JUDGEMENT

(1.) The Petitioner is an aspirant for the post of President, District Consumer Disputes Redressal Forum (in short 'District Forum') in the State of Punjab.

(2.) The petitioner applied for the said post of President andundertook the interview test conducted by the Selection Committeeconstituted under Section 10(1A) of The Consumer Protection Act, 1986 on 17/18.08.2016.The selection was based only upon interview subject to the fulfilment of eligibility conditions. The Petitioner [along with 7 other candidates]was recommended by the Selection Committee for appointment as President of various District Forum with petitioner for Taran Taran vide memo dated 19.08.2016.

(3.) It transpires that one of the applicants namely Sh. Shiv Pal Bansal filed a writ petition bearing CWP No.21128 of 2016 being aggrieved by the stand of the Respondents that he was ineligible for consideration on account of the fact that on the last date of submission of the application form, he was holding the post of Member of a Consumer forum and therefore ineligible. Holding that Sh. Shiv Pal Bansal was eligible for consideration in view of the judgment rendered by the Hon'ble Supreme Court on 9.8.2016 in Vijay Kumar Mishra and another Vs. High Court of Judicature of Patna and others reported as, 2016 AIR(SC) 3698, this Court vide interim order dated 7.11.2016 passed in C.W.P. No.21128 of 2016 directed consideration of Sh. Shiv Pal Bansal and all other similarly placed applicants. The operative portion of interim order dated 7.11.2016 is reproduced below:-