Choice of consumer forum head upheld
The Madras high court has quashed the order of the state government rejecting the recommendation of the selection committee that T. Xavier be appointed president of the District Consumer Forum, Madurai, and the subsequent notification calling for eligible candidates for selection of a panel of three names.
Xavier, the petitioner, had held several positions in the Tamil Nadu Judicial Service and attained superannuation on April 30, 2010.
He applied for the post of president of the District Consumer Dispute Redressal Forum after a notification called for applications.
The selection committee chose the petitioner from among 11 candidates and by a letter dated May 12, 2011, recommended to the state government that he be appointed.
However, the state government on September 29, 2011, rejected the recommendation and directed the authorities to issue a fresh notification and submit a panel of three names. The state government relied on the decision of the Kerala high court for selecting a panel of three names.
Under Rule 7 of the Kerala Consumer Protection Rules it was mandatory for the selection committee to recommend a panel not exceeding five candidates for every vacancy, Justice V. Dhanapalan said but pointed out that there was no such rule in Tamil Nadu.
The only method that has to be resorted to for appointment in this case was the central law, section 10 (1-A) of the Consumer Protection Act.
Section 10 (1-A) only says that every appointment shall be made on the recommendation of the selection committee.
Hence, the state government’s reference to the decision of the Kerala high court has no bearing on the case, the judge said.
Justice Dhanapalan directed the state government to implement the proceedings of the selection committee within two weeks.
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