KEDAR LAL GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Grievance of the petitioner is that in spite of recommendations made by the Selection Committee, the State Government has not appointed the petitioner as Judicial Member of Rajasthan State Consumer Disputes Redressal Commission (for short "the State Commission").

(2.) Counsel for the petitioner submits that the petitioner as well as one Mr. Atul Kumar Chatterjee were working on the post of President, District Consumer Disputes Forum at Jaipur and Jodhpur respectively and both participated in the process for selection on the post of Judicial Member of the State Commission along with other candidates and names of both these persons were recommended by the Selection Committee for their appointment but the State appointed Mr. Atul Kumar Chatterjee and no orders were passed for appointment of the petitioner. Counsel submits that both these persons were holding the post of President District Consumer Disputes Forum but discrimination has been caused by the State in depriving the petitioner without any justified reasons. Counsel submits that appropriate directions be issued to the State to consider the case of the petitioner for the post of Judicial Member in State Commission. In support of his contentions he has placed reliance on the following judgments :-

(3.) Per contra, counsel for the respondents opposed the arguments raised by the counsel for the petitioner. Counsel submits that no conclusive evidence has been produced by the petitioner in support of his contentions. Counsel submits that their participation in the process for selection does not confer any right in favour of the petitioner to get appointment. He submits that mere appearance of the name of petitioner in the select list does not give any indefeasible right in his favour. In support of his contentions he has placed reliance on the following judgments :-