Kerala High Court
P.P. Susheela vs State Of Kerala
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2014/23RD MAGHA, 1935
WP(C).No. 2128 of 2014 (M)
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PETITIONER :
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P.P. SUSHEELA, AGED 61 YEARS,
W/O. ADVT. U.T. RAJAN, RESIDING AT "CHAITHRAM"
ERNAHIPALAM, KOZHIKODE-673006.
BY ADV. SRI.P.G.JAYASHANKAR
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
CONSUMER AFFIARS DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM-695001.
2. SELECTION COMMITTEE FOR THE SELECTION
OF MEMBERS OF THE DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM CONSUMER AFFAIRS DEPARTMENT,
SECRETARIAT THIRUVANANTHAPURAM-695001.
REPRESENTED BY ITS EX OFFICIO CHAIRMAN.
3. SMT. BEENA JOSEPH
NAKKUZHIKATTU HOUSE, 2/2580-A,
CIVIL STATION.P.O., KOZHIKODE-673020.
R1 BY GOVERNMENT PLEADER MR.MANILAL
R3 BY ADVS. SRI.K.S.HARIHARAPUTHRAN
SRI.M.D.SASIKUMARAN
SRI.GEORGE MATHEW
SRI.SUNIL KUMAR A.G
SRI.DIPU JAMES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 12-02-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
BP
WP(C).No. 2128 of 2014 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: TRUE CPY OF THE APPLICATION DATED 14-12-12 SUBMITTED BY
THE PETITIONER WITHOUT ITS ENCLOSURES.
P2: TRUE COPY OF THE NOTIFICATION BEARING SRO NO. 828/2013
DATED 8-10-2013 ISSUED BY THE 1ST RESPONDENT.
P3: TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD
RESPONDENT DATED 26-12-12 WITHOUT ITS ENCOLOSURES.
P4: TRUE CPY OF THE DEGREE CERTIFICATE DATED 8-1-1997 ISSUED
BY THE UNIVERSITY OF CALICUT TO THE 3RD RESPONDENT.
P4A. TRUE COPY OF THE CERTIFICATE COMPLETION OF TRAINING OF MS
OFFICE ISSUED BY JAN SIKSHAN SANSTHAN, CALICUT TO THE 3RD
RESPONDENT.
P4B. TRUE COPY OF TRHE CERTIFICATE OF EXPERIENCE AS A STREET
EDUCATOR DATED 7-7-1997 ISSUED TO THE 3RD RESPONDENT.
P4C. TRUE COPY OF THE CERTIFICATE OF EXPERIENCE AS A PROJECT
CO-ORDINATION IN A DAY CARE CENTRE FOR THE AGED ISSUED TO
THE 3RD RESPONDENT.
P5. TRUE COPY O F THE LETTER BEARING NO. 2700/CA1/13/CAD
DATED 18-11-13.
RESPONDENT(S)' EXHIBITS : NIL.
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//TRUE COPY//
P.A. TO JUDGE
BP
A.M.SHAFFIQUE, J
* * * * * * * * * * * * *
W.P.C.No.2128 of 2014
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Dated this the 12th day of February 2014
J U D G M E N T
Petitioner challenges appointment of the 3rd respondent as a member of the Consumer Disputes Redressal Forum (CDRF) at Kozhikode. The main contention urged by the petitioner is that the 3rd respondent is not qualified in terms of Section 10(1)(b) of the Consumer Protection Act, 1986.
2. Counter affidavit is filed by the 3rd respondent inter alia indicating that she is a post graduate in Sociology and has sufficient experience as a social worker and has the requisite knowledge and experience as contemplated under Section 10(1)(b).
"10. Composition of the District Forum.-
(1) Each District Forum shall consist of,-
(a) xxxxxx
(b) two other members, one of whom shall be a woman, who shall have the following qualifications, namely:- W.P.C.No.2128/2014 2
(i) be not less than thirty-five years of age,
(ii) possess a bachelor's degree from a recognised univerisy,
(iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration:"
3. It is not in dispute that the basic qualification required by a candidate who is to be selected as a member of the Forum is Bachelor's Degree from a recognised University. The candidate should be not less than 35 years of age. The petitioner has no dispute about the qualification regarding age as well as educational qualification of the 3rd respondent. In fact, the 3rd respondent is a Post Graduate in Sociology. The only ground on which the appointment of the 3rd respondent is challenged is lack of sufficient knowledge and experience in problems relating to Economics, Law, Commerce, Accountancy, industry, public affairs or W.P.C.No.2128/2014 3 Administration. The contention urged by the learned counsel for the petitioner is that the Statute had underwent several amendments and initially when the Act came into force, the qualification of a member was shown as "a lady social worker". In 1993, by the amendment Act 50 of 1993, the qualification was described as "two other members, who shall be persons of ability, integrity and standing, and having adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to Economics, Law, Commerce, Accountancy, Industry, Public Affairs or Administration, one of whom shall be a woman." Therefore the contention urged by the learned counsel is that when the Statute itself had been amended and substantial improvements have been given to the qualification of a member so that the member should have sufficient experience and knowledge in various subjects such as industry, commerce etc. unless the candidate conforms to the aforesaid qualification criteria, it was wrong on the part W.P.C.No.2128/2014 4 of the department to have selected her for the said post. Learned counsel also submits that the change in use of words by incorporating the word `qualification' in the 2003 amendment by itself indicates the importance of selecting a candidate having the ability, integrity, standing, knowledge etc. with reference to the statutory provision under Section 10(1)(b) (iii) of the Act. Reference is made to Ext.P4 series to indicate that the petitioner is only a social service minded person having knowledge in M.S Office and sufficient experience as Street Educator etc.
4. The selection of members of a Consumer Forum is decided by a Committee appointed by the Government. It is not in dispute that the Committee consists of President of the State Commission, Law Secretary and the Secretary to the Consumer Affairs Department. As far as qualification of the candidate is concerned, they should possess a bachelor's degree which is undisputed and he or she should be a person having the ability, integrity, standing, adequate W.P.C.No.2128/2014 5 knowledge and experience of atleast 10 years in dealing with problems relating to Economics, Law, Commerce, Accountancy, Industry, Public Affairs or Administration. The crux of the issue is whether they have sufficient knowledge and experience of atleast 10 years in dealing with problems relating to various subjects mentioned therein. To deal with the problems relating to various subjects stated therein does not mean that they should have any qualification regarding the said subjects. It is enough that they have dealt with such problems. This, apparently, is a matter to be considered by the Committee formed by the Government for selecting the candidate. If the Committee feels that the candidate is having sufficient experience and has dealt with such problems, they will be justified in selecting such candidate. It is not disputed that the 3rd respondent has sufficient experience in handling M.S.Office which is a computer programme. Ext.P4(b) indicates that she has been working in the `Freebirds' project for the welfare of street W.P.C.No.2128/2014 6 children in Calicut city and has been working as a Street Educator since January 1996. She is involved in providing vocational training, attending to all welfare activities for rehabilitation of street children. That apart, Ext.P4(c) indicates that she has been working as a Coordinator of AWH Day Care Centre and has been working with the institution under the aegis of the said association for 14 years as Project Coordinator at AWH Day Care Centre for aged at Kallai and has additional charge of AWH Old Age Home, Kallai. The certificate also indicates that she is honest, intelligent and social service minded.
5. When a person is having sufficient experience in social service, apparently she will definitely have sufficient knowledge regarding the socio-economic features of the State, and she would have been exposed to various subjects in Economics, Law, Industry, Commerce and other fields. This, apparently, is a matter to be considered by the Selection Committee and once the Selection Committee W.P.C.No.2128/2014 7 which is formed mainly of experts and top officials including the President of the State Commission who is none other than a former Judge of this Court, finds that the candidate is capable and qualified in terms of the said provision under Section 10(1)(b)(iii), I do not think that this Court can exercise the power of judicial review to set aside the selection or approval made by the said Committee.
In the result, I do not find any material to set aside the appointment of the 3rd respondent and accordingly this writ petition is dismissed.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr