Document Fragment View
Fragment Information
Showing contexts for: ONGOLE in Mrs. M. Raghava Rani vs The Govt. Of A.P., Rep. By Its Ex-Officio ... on 18 June, 2004Matching Fragments
1. A common relief is sought in these two Writ Petitions to declare the Memo No.1548/CS.III (2)/2003-2 dated 12-01-2004 issued by the Government of Andhra Pradesh, Consumer Affairs, Food & Civil Supplies Department whereunder the Registrar, A.P. State Commission, Hyderabad was directed to renotify the vacancies of the Members in the District Forum, Ongole and the District Forum, Warangal as arbitrary and illegal.
2. The facts which are not in dispute may be noted in brief :
The petitioner in W.P.No.2123 of 2004 was a practising advocate and she was appointed as a Member in the District Forum, Ongole, Prakasam District after being selected by the Selection Committee constituted under Section 10(1-A) of the Consumer Protection Act, 1986 (for short, 'the Act'). She assumed the Office on 06-05-1998 and completed her tenure on 05-05-2003. Before the expiry of her tenure, the Registrar of A.P. State Consumer Disputes Redressal Commission, Hyderabad issued a notification dated 29-04-2003 inviting applications from eligible candidates for filling-up certain vacancies of Members both Men & Women at several District Fora including the Lady Member of the District Consumer Forum, Ongole. In pursuance of the said Notification, the petitioner applied for the post of Lady Member at Ongole and her name was recommended by the Selection Committee on 08-05-2003. However she was not appointed, and under the impugned Memo dated 12-01-2004 it was decided to renotify the said vacancy. Hence, the petitioner in W.P.No.2123 of 2004 seeks a Writ of Mandamus declaring the Memo dated 12-01-2004 as arbitrary and illegal and consequently to direct the Government to appoint her as Lady Member of the District Forum, Ongole.
6. It is to be noted that in W.P. No. 2123 of 2004 the petitioner who has already completed one term of five years has also pleaded that the A.P. State Commission, Hyderabad vide letter dated 26-03-2003 called for a performance report of the existing Members of all the District Fora and in pursuance of the same the President of the District Forum, Ongole sent a report about the performance and conduct of the petitioner. While relying upon sub-section (2) of Section 10 of the Act as substituted by Act No.62 of 2002, which states that every Member of the District Forum shall be eligible for reappointment for another period of five years or upto the age of 65 years whichever is earlier, the petitioner contended that in view of the report sent by the President of District Forum, Ongole about her performance and particularly since the Selection Committee has recommended her name, there is absolutely no reason to reject her candidature for reappointment for another term.
7. However in the counter-affidavit filed by the Government, the plea of the petitioner that the President of the District Forum, Ongole furnished performance report has been denied and it has been stated that in the absence of the performance report the petitioner is not entitled for extension even though her name has been recommended by the Selection Committee.
8. The common stand taken by the respondent in the counter-affidavits in both the writ petitions is that the Government is the final authority either to accept the recommendation of the Selection Committee or to reject the same and that the impugned Memo dated 12-01-2004 which was issued for re-notification of vacancies on valid grounds does not call for any interference.
8. A perusal of the impugned Memo dated 12-01-2004 shows that the Selection Committee in its meeting held on 06-05-2003 has recommended the names of six persons for appointment to the posts of Members of the District Fora at Karimnagar, Warangal, Nellore, Ongole and Kadapa. In pursuance thereof, orders have been issued appointing three persons as Members at Karimnagar, Ongole and Nellore. So far as the remaining vacancies, the Government decided to issue renotification which include the vacancies of the Lady Member, District Forum, Ongole and the Male Member, District Forum, Warangal with which the petitioners in these two writ petitions are concerned. The fact that the petitioners in these two writ petitions were among the candidates whose names were recommended by the Selection Committee, but the Government has not accepted the said recommendations is not in dispute.