IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 3732 OF 2022
PETITIONER:
BHANUMATHI AK
AGED 51 YEARS
D/O KESAVAN AK,
POOZHITHODI HOUSE,
PALODE P.O., MANNARKKAD (VIA),
PALAKKAD - 678 583.
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
MANJUNATH MENON
AJAY BEN JOSE
SACHIN JACOB AMBAT
HARIKRISHNAN S.
ANNA LINDA V.J
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM
PIN - 695001
2 THE SECRETARY
CONSUMER AFFAIRS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM
PIN - 695001
3 THE SELECTION COMMITTEE,
REPRESENTED BY ITS CONVENOR,
THE SECRETARY, CONSUMER AFFAIRS DEPARTMENT,
GOVERNMENT SECRETARIAT,
WP(C) NO. 3732 OF 2022
2
THIRUVANANTHAPURAM
PIN - 695001
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE
GENERAL
SHRI.S.RENJITH, SPECIAL GOVERNMENT
PLEADER TO ADDL. ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 3732 OF 2022
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 3732 of 2022
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Dated this the 26th day of May, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(a) Issue a Writ of Mandamus or such other Writ, order or direction directing the Respondents to consider the Petitioner for appointment to the post of Member Consumer Disputes Redressal Commission, Palakkad within a time limit to be fixed by this Hon'ble Court.
(b) Declare that the Petitioner is qualified and competent to be considered for appointment to the post of Member Consumer Disputes Redressal Commission.
(c) Issue such other writ, order or direction, as may be just and necessary in the facts and circumstances of the case."[SIC]
2. When this writ petition came up for consideration, the learned Government Pleader WP(C) NO. 3732 OF 2022 4 takes me through paragraph 8 of the counter affidavit filed by the 2nd respondent. It will be better to extract paragraph 8 of the counter affidavit.
"8. The interview to the post of Member, District Consumer Disputes Redressal Commission, Palakkad was conducted on 15.01.2022 and the Selection Committee chaired by as senior Judge of this Hon'ble Court have forwarded a panel of candidate for consideration of Government under Rule 6 of the said Rules. Government have already made the selection from the panel forwarded by the Selection Committee. What remains before issuing appointment notification are routine procedures like obtaining vigilance clearance and declarations of the selected candidate under the said Rules."
3. From the above, it is clear that the selection process is already over. In such circumstances, the prayers in the writ petition are infructuous. The counsel for the petitioner submitted that the reason for rejecting the WP(C) NO. 3732 OF 2022 5 application of the petitioner is not correct. Since the prayers in the writ petition are infructuous, that question is left open. The petitioner is free to agitate the same, if necessary at the appropriate stage.
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 3732 OF 2022 6 APPENDIX OF WP(C) 3732/2022 PETITIONER EXHIBITS EXHIBIT P 1 TRUE COPY OF CONSUMER PROTECTION (QUALIFICATION FOR APPOINTMENT, METHOD OF RECRUITMENT, PROCEDURE OF APPOINTMENT, TERM OF OFFICE, RESIGNATION AND REMOVAL OF THE PRESIDENT AND MEMBERS OF THE STATE COMMISSION AND DISTRICT COMMISSION) RULES, 2020 EXHIBIT P 2 TRUE COPY OF VACANCY NOTIFICATION DATED 10-5-2021 ISSUED BY THE 2ND RESPONDENT FOR 1 VACANCY EACH IN PALAKKAD AND THRISSUR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSIONS EXHIBIT P 3 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORMAT EXHIBIT P 4 TRUE COPY OF THE RELEVANT PAGES OF THE SSLC BOOK EXHIBIT P 4(A) TRUE COPY OF PRE-DEGREE CERTIFICATE FROM THE UNIVERSITY OF CALICUT EXHIBIT P 4(B) TRUE COPY OF DEGREE CERTIFICATE FROM THE UNIVERSITY OF CALICUT FOR BACHELOR OF ARTS (BA) IN HISTORY (MAIN) EXHIBIT P4 (C) TRUE COPY OF DEGREE CERTIFICATE FROM THE ANNAMALAI UNIVERSITY FOR MASTER OF ARTS (MA) IN HISTORY PROGRAMME EXHIBIT P4 (D) TRUE COPY OF DEGREE CERTIFICATE FROM THE DAKSHINA BHARAT HINDI WP(C) NO. 3732 OF 2022 7 PRACHAR SABHA, MADRAS FOR BACHELOR OF EDUCATION (B.ED.); EXHIBIT P 4(E) TRUE COPY OF COURSE CERTIFICATE FROM THE INDIAN INSTITUTE OF PUBLIC ADMINISTRATION FOR ATTENDING MANAGEMENT DEVELOPMENT TRAINING PROGRAMME EXHIBIT P 5 TRUE COPY OF EXPERIENCE CERTIFICATE ISSUED BY THE AIS ENGLISH MEDIUM SCHOOL, ARAKKUPARAMBA, MALAPPURAM DATED 20-4-2007 CERTIFYING THAT THE PETITIONER IS TEACHING IN THE SAID INSTITUTION SINCE FEBRUARY, 1999 EXHIBIT P 5(A) TRUE COPY OF PROCEEDINGS OF THE PRESIDENT, CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD DATED 20-9-2013 WHICH CERTIFIES THAT THE PETITIONER WAS APPOINTED AS MEMBER OF THE CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD W.E.F 22-9-2008 AND COMPLETED THE 5 YEAR TERM ON 20- 9-2013 EXHIBIT P 5 (B) TRUE COPY OF CERTIFICATE OF EXPERIENCE DATED 24-7-2018 ISSUED BY THE AIS ENGLISH MEDIUM SCHOOL, ARAKKUPARAMBA, MALAPPURAM CERTIFYING THAT THE PETITIONER IS WORKING AS A SOCIAL SCIENCE TEACHER DURING THE PERIOD JUNE 2014 TO MARCH 2018 EXHIBIT P 6 TRUE COPY OF WRITEUP ON CONSUMER LAWS SUBMITTED BY THE PETITIONER EXHIBIT P 7 TRUE COPY OF POSTAL RECEIPT FOR WP(C) NO. 3732 OF 2022 8 SUBMITTING THE EXHIBIT P3 APPLICATION ALONG WITH RELEVANT DOCUMENTS RESPONDENT EXHIBITS EXHIBIT R2(A) COPY OF THE ENTIRE APPLICATION OF THE PETITIONER ALONG WITH DOCUMENTS.
//TRUE COPY// PA TO JUDGE