Bhanumathi Ak vs The State Of Kerala
2022 Latest Caselaw 5549 Ker

                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.
           ------------------------------
           W.P.(C).No. 3732 of 2022
   ----------------------------------------------
     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

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

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

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

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,

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

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