JUDGEMENT
G.S. Singhvi, J. -
(1.) Leave granted.
(2.) This appeal is directed against order dated 20.11.2009 passed by the Division Bench of Kerala High Court whereby it allowed the writ petition filed by respondent No. 1 and quashed the appointment of the appellant as member of the Kerala State Consumer Disputes Redressal Commission (for short, the State Commission).
(3.) Appellant - S. Chandramohan Nair, Smt. Valsala Sarangadharan, Shri K.V. Thomas and one more person were interviewed on 2.3.2006 by the Selection Committee consisting of Justice T.M. Hassan Pillai, President of the State Commission, Shri Sainudeen, Law Secretary, Government of Kerala for appointment as members of the State Commission. The Law Secretary and the Food, Civil Supplies & Consumer Affairs Secretary recommended the names of Smt. Valsala Sarangadharan and Shri K.V. Thomas, but the Chairman did not agree with them. He recommended that name of the appellant be included and that of Shri K.V. Thomas be excluded from the panel. This is clearly evident from the minutes of the meeting of the Selection Committee, the relevant portions of which are extracted below:
Minutes of the Selection Committee meeting held on 2nd March 2006 at 3.00 P.M. in the chamber of Justice T.M. Hassan Pillai, President, Consumer Disputes Redressal Commission, Thiruvananthapuram.
Present:
1. Justice Shri T.M. Hassan Pillai, President, Consumer Disputes Redressal Commission, Thiruvananthapuram (Chairman)
2. Shri. S. Sainudeen, Law Secretary, Government of Kerala, Thiruvananthapuram (Member)
3. Smt. Sheela Thomas, Secretary, Food, Civil Supplies & Consumer Affairs, Government of Kerala, Thiruvananthapuram (Member)
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V. Consumer Disputes Redressal Commission, Thiruvananthapuram.
Secretary-Law and Secretary-Consumer Affairs suggested the following names for inclusion in the panel for selection of member to the Consumer Disputes Redressal Commission:
1. Smt. Valsala Sarangadharan
2. Shri. K.V. Thomas
As per Section 16(1)(b) of the Consumer Protection Act, 1986 apart from age and educational qualification, persons to be appointed as members of the State Commission be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.
The members concluded that Smt. Valsala Sarangadharan and Shri K.V. Thomas performed satisfactorily in the interview and from their C.V. also it is seen that they have the requisite qualification for appointment to the post of member, State Commission. Smt. Valsala Sarangadharan has experience in the field of law and K.V. Thomas has long experience in administration. Hence they are recommended from among the four persons interviewed for selection to the post of member, State Commission.
The Chairman of the Committee, President, State C.D.R.C. dissented to this recommendation and recommended inclusion of Shri S. Chandramohan Nair and Smt. Valsala Sarangadharan in the panel and exclusion of Shri K.V. Thomas from the panel for the following reasons. ;
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