M RAGHAVA RANI Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) A common relief is sought in these two Writ Petitions to declare the Memo No.1548/CS.III(2) 2003-2 dated 12-1-2004 issued by the Government of Andhra Pradesh, Consumer Affairs, Food and Civil Supplies Department whereunder the Registrar, A.P. State Commission, Hyderabad was directed to renotify the vacancies of the Members in the District Forum, Ongole and the District Forum, Warangal as arbitrary and illegal.

(2.) The facts which are not in dispute may be noted in brief: The petitioner in W.P. No.2123 of 2004 was a practising advocate and she was appointed as a Member in the District Forum, Ongole, Prakasam District after being selected by the Selection Committee constituted under Section 10(1-A) of the Consumer Protection Act, 1986 (for short, 'the Act'). She assumed the Office on 6-5- 1998 and completed her tenure on 5-5-2003. Before the expiry of her tenure, the Registrar of A.P. State Consumer Disputes Redressal Commission, Hyderabad issued a notification dated 29-4-2003 inviting applications from eligible candidates for filling-up certain vacancies of Members both Men and Women at several District Fora including the Lady Member of the District Consumer Forum, Ongole. In pursuance of the said Notification, the petitioner applied for the post of Lady Member at Ongole and her name was recommended by the Selection Committee on 8-5-2003. However she was not appointed, and under the impugned Memo dated 12-1-2004 it was decided to renotify the said vacancy. Hence, the petitioner in WP No.2123 of 2004 seeks a writ of mandamus declaring the Memo dated 12-1-2004 as arbitrary and illegal and consequently to direct the Government to appoint her as Lady Member of the District Forum, Ongole.

(3.) In W.P. No.2306 of 2004, the petitioner is a postgraduate in Civil Engineering. He worked in the Irrigation Department, Government of Andhra Pradesh and retired from service on 31-7-2002 on attaining the age of superannuation. In pursuance of a notification issued by the A.P. State Consumer Disputes Redressal Commission, Hyderabad inviting applications from the eligible candidates for appointment to the posts of Members to various District Fora, the petitioner made an application offering his candidature. He was selected by the Selection Committee duly constituted under the Act and his name was recommended for appointment to the post of Male Member of the District Forum, Warangal. However, in spite of the recommendation of the Selection Committee the Government did not appoint the petitioner to the said post and decided to issue re- notification for the post of Male Member, District Forum, Warangal. Accordingly Memo No.l548/CS-III(2)/2003-02, dated 12-1-2004 has been issued, which is questioned in W.P. No.2306 of 2004.