Gujarat High Court
Jagrut Nagrik Through Managing Trustee ... vs State Of Gujarat on 17 July, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/WPPIL/116/2021 ORDER DATED: 17/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) (WRIT PETITION (PIL)) NO. 116 of 2021
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2024
In R/WRIT PETITION (PIL) NO. 116 of 2021
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JAGRUT NAGRIK THROUGH MANAGING TRUSTEE PURSHOTTAM
VENSIMAL MOORJANI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JITENDRA MALKAN(1168) for the Applicant(s) No. 1,2
MR R G DWIVEDI(6601) for the Applicant(s) No. 2
VISMAY V MALKAN(9284) for the Applicant(s) No. 1
MR G.H VIRK GOVERNMENT PLEADER with MS DHARTI PANCHOLI AGP
and MS SHRUTI DHRUVE AGP for the Opponent(s) No. 1
MR PREMAL R JOSHI(1327) for the Opponent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 17/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. When the matter is taken up for hearing, learned advocate
Mr. R.G Dwivedi appearing for the applicants as well as the
Government Pleader Mr. G.H. Virk appearing for the State at the
outset, have pointed out the judgment of the Hon'ble Supreme
Court dated 21.05.2025, passed in the case of Ganeshkumar
Rajeshwarrao Selukar and Ors Vs. Mahendra Bhaskar Limaye
and Ors., in Civil Appeal No. 9982 of 2024.
2. It is submitted that since the directions are already issued by
the Hon'ble Supreme Court in the issue, which is raised in the
present PIL, the same may be disposed of at this stage.
3. The Hon'ble Supreme Court, in the aforesaid judgment , in
paragraph no. 102, has issued detailed directions, which read thus:
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C/WPPIL/116/2021 ORDER DATED: 17/07/2025
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"DIRECTIONS
102. In view of the aforesaid discussion, we deem it fit to pass the
following directions, in exercise of the powers conferred under Article
142 of the Constitution:-
1) The Union of India is directed to file an affidavit on the feasibility of a
permanent adjudicatory forum for consumer disputes, either in the form
of a Consumer Tribunal or a Consumer Court, within a period of 3 months
from today, on the touchstone of the constitutional mandate. Such a
forum shall consist of permanent members, including both staff and the
Presiding officers. The Union of India may also consider facilitating
sitting Judges to head the fora. The strength may be increased
adequately.
2) In view of the submission made on behalf of the Union of India, we
direct the Union of India to notify the new Rules within a period of 4
months from the date of this Judgment, strictly adhering to the following:
a. The earlier view of this Court in Rojer Mathew (supra), MBA-III
(supra) and MBA-IV (supra), with respect to the tenure of office being
five years, being both logical and necessary, must be incorporated in the
new Rules to be notified.
b. The composition of the Selection Committee shall be such that the
members from the Judiciary must constitute the majority. To achieve the
same, the Selection Committee shall comprise two members from the
Judiciary, one of whom shall be the Chairperson, and the third member
from the Executive, all of whom shall have voting rights. However, this
shall not preclude the concerned Secretary from being an ex-officio
Member of the Selection Committee, without voting rights. The proposal
made by the Union of India qua Rule 6(1) of the 2020 Rules, may be
accordingly modified.
c. No written examination, followed by a viva voce, shall be required for
appointment and reappointment to the posts of President of the State
Commission, Judicial Members of the State Commission and President of
the District Commission.
d. A written examination followed by a viva voice shall be required only
for appointment and reappointment to the posts of Non-Judicial Members
of the State Commission and Members of the District Commission.
e. The written examination for appointments to the State and District
Commissions shall be conducted in consultation with the respective State
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C/WPPIL/116/2021 ORDER DATED: 17/07/2025
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Service Commissions.
f. The proposal made by the Union of India qua Rule 4(1) of the 2020
Rules, as recorded by us in Para 72 of this Judgement, that the
qualification for appointment to the post of President of the District
Commission, shall be restricted to either a serving or a retired District
Judge, stands accepted.
3) Upon notification of the new Rules by the Union of India, all the States
are directed to complete the process of recruitment under the same,
within a period of 4 months from the date of the notification of the said
Rules.
4) As regards the status of appointment to the posts of Presidents and
Members of the State and District Commissions, we are pleased to issue
the following directions:
Category of Persons Relief
1. Persons appointed Members of They shall be allowed to complete
the State Commission and their tenure in entirety. In the
Presidents and Members of event of their tenure ending before
the District Commission in the the completion of the recruitment
State of Maharashtra, vide process under the new Rules to be
order dated 05.10.2023 notified, their appointment shall
pursuant to the written be allowed to continue until the
examination and viva voce. completion of the said recruitment
process.
2. Persons seeking They can be considered for
reappointment in the State of reappointment in the State and
Maharashtra, after their District Commissions, based on
services had been terminated the new Rules to be notified,
vide order dated 06.10.2023 subject to the condition that
persons seeking reappointment to
the posts of President and Judicial
Members of the State Commission
and President of the District
Commission, shall not be required
to undergo a written examination
followed by a viva voce, while Non-
Judicial Members of the State and
District Commissions, shall be
required to undergo a written
examination followed by a viva
voce.
The writ petitions pending before
the High Court of Bombay
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C/WPPIL/116/2021 ORDER DATED: 17/07/2025
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challenging the said termination
order of the State of Maharashtra
dated 06.10.2023, will have to be
decided in terms of this judgment
and larger principles of law.
3. Presidents and Members of They shall be allowed to complete
the State and District their tenure in entirety. In the
Commissions who have been event of their tenure ending before
appointed and serving prior to the completion of the recruitment
Limaye - I (supra). process under the new Rules to be
notified,their appointment shall be
allowed to continue until the
completion of the said recruitment
process.
4. Presidents of the State and (a) Those who are appointed and
District Commissions, and the serving shall be allowed to
Judicial Members of the State complete their tenure in entirety.
Commission, in other States, In the event of their tenure ending
with/without having given the before the completion of the
written examination followed recruitment process under the
by a viva voce. new Rules to be notified,their
appointment shall be allowed to
continue until the completion of
the said recruitment process.
(b) Those who have been selected,
but not appointed, on account of
the concerned States having
stayed the appointment process
during the pendency of these
appeals, shall be appointed to the
respective post, and shall be
allowed to continue in office till
the entirety of their tenure.
5. Persons who are selected to If already appointed and serving:
the posts of Non-Judicial (I) In case the selection process
Members of the State had been completed prior to the
Commission and Members of decision of this Court in Limaye -
the District Commission, I (supra), such persons shall be
without having undergone a entitled to complete their tenure in
written examination followed entirety. In the event of their
by a viva voce. tenure ending before the
completion of the recruitment
process under the new Rules to be
notified,their appointment shall be
allowed to continue until the
completion of the said recruitment
process.
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(ii) In case the selection process
has been completed post the
decision of this Court in Limaye -I
(supra), such persons shall be
entitled to continue in their
respective posts till the completion
of the recruitment process under
the new Rules to be notified.
(b) If selected but not appointed,
such persons shall not be entitled
to be appointed.
6. Non-judicial Members of State (a) If already appointed and
Commission and the Members serving, they shall be allowed to
of the District Commission, continue in service for the entirety
who have given the written of their tenure. In the event of
examination and viva voice. their tenure ending before the
completion of the recruitment
process under the new rules to be
notified, their appointment shall
be allowed to continue until the
completion of the said recruitment
process.
(b) If selected, but not appointed,
on account of the State having
stayed the appointment process
during the pendency of these
appeals, such persons shall be
appointed to the respective posts
and shall be allowed to continue in
office for the entirety of their
tenure.
7. Persons seeking They can be considered for
reappointment in other States reappointment in the State and
after termination of their District Commissions, based on
services the new Rules to be notified,
subject to the condition that
persons seeking reappointment to
the posts of President and Judicial
Members of the State Commission
and President of the District
Commission, shall not be required
to undergo a written examination
followed by a viva voce, while Non-
Judicial Members of the State and
District Commissions, shall be
required to undergo a written
examination followed by a viva
voce.
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We make it clear that for all those appointments which have been
allowed to continue vide this Judgment, the tenure shall be a period of 4
years. Such persons shall not be entitled to claim the benefit of this
Judgment qua a five-year tenure, subject to the directions issued
hereinabove. We also make it clear that this Judgment shall apply
prospectively, except to the extent indicated in the directions
hereinabove."
4. In view of the aforesaid, the present PIL stands disposed of as
the issue raised herein, is already taken care of by the Hon'ble
Supreme Court in the aforementioned judgment. Consequently, the
connected civil application also stands disposed of.
(A. S. SUPEHIA, J)
(R. T. VACHHANI, J)
Radhika
