L R BAIRWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against the appointment order dated 6. 10. 2003 whereby 11 persons have been appointed on the post of President, District Forum, Consumer Protection.

(2.) BY this writ petition, the petitioner prayed for quashing and setting aside the order dated 6. 10. 2003 so far as it relates to the respondent No. 6 & 7 and further seeks direction to fill up the vacancies of the post of President, District Forum, Consumer Protection by appointing eligible and competent persons belonging to Scheduled Caste community in accordance with law and consider the case of the petitioner favourably for his appointment on the said post.

(3.) BESIDE the merit of the respondent No. 6 & 7, the petitioner has also challenged the appointment order of respondent No. 6 & 7 on the ground that the same has been issued in violation of provisions of Article 14 & 16 of the Constitution of India and the petitioner being meritorious retired District Judge cannot be denied his entitlement for appointment on the ground that in service officers though lesser merit are eligible to be appointed. The Appointing Committee cannot be permitted to act arbitrarily for the purpose of appointment as held by Hon'ble Supreme Court in various judgments.