Dipak Misra, C.J.I. - (1.) The second respondent, being grieved by the appointment of the appellant as a part time female member in the Himachal Pradesh Consumer Disputes Redressal Commission (for short, "the Commission"), had assailed the same by way of a Writ Petition being C.W.P. No. 1571 of 2017 preferred under Article 226 of the Constitution before the High Court of Himachal Pradesh at Shimla. The High Court, by the impugned judgment and order dated 12.12.2017, quashed the appointment of the appellant and directed the Commission to consider the case of the writ petitioner stating, inter alia, that she is otherwise meritorious and more experienced as compared to the appellant for appointment as a member in the Commission. Hence, the appeal by special leave.
(2.) The facts which are necessary to be enumerated are that on 25.04.2016, one post of part time female Member along with other vacancies meant for various District Fora was advertised by the Principal Secretary (Food, Civil Supplies & Consumer Affairs) of the Government of Himachal Pradesh. The advertisement stipulated the qualifications, namely, that the candidate shall not be less than 35 years of age; that she should possess a Bachelors degree from a recognized University; and that she should be a person of ability, integrity and standing having knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. It was further mentioned therein that the part time Member so appointed shall hold office for a term of five years or up to the age of sixty seven years in the case of the Commission and sixty five years in the case of District Consumer Forum, whichever is earlier. The Selection Committee of which the President of the Commission was the Chairman held the interview on 02.07.2016 and the Committee recommended four names on the basis of the performance of the candidates for the member of the Commission. In the select list, the names of the respondent no. 2 and the appellant appeared at serial nos. 2 and 3 respectively. The candidate, who obtained the highest mark, was not available for appointment, for she had already been engaged against some post in the Himachal Pradesh University. The first respondent selected the appellant as a part time member in the Commission. A representation was submitted by the second respondent on which no action was taken and, therefore, she approached the High Court for redressal of her grievances.
(3.) On behalf of the respondent no. 2, the writ petitioner, it was contended before the High Court that when the recommendation of the Selection Committee clearly stated that it had prepared a panel on the basis of the performance of candidates in the interview and when her name was put at serial no. 2, she could not have been ignored.;