Case Note & Summary
The petitioner, Mrs. Suhas Milind Untwale, was appointed as President of the District Consumer Disputes Redressal Commission, Buldana on 06.02.2013. After completing her five-year tenure, she applied for re-appointment on 17.10.2017. Following a viva-voce examination under the Model Rules, 2012, she was re-appointed on 05.02.2018, with tenure until 10.02.2023. However, due to orders in Public Interest Litigation No. 11 of 2021 (Vijaykumar Bhima Dighe v. Union of India), her tenure was extended to 01.03.2023. In that PIL, the constitutional validity of Rules 3(2)(b), 4(2)(c), and 6(9) of the Consumer Protection (Qualification for Appointment, Method of Recruitment, Procedure of Appointment, Term of Office, Resignation and Removal of President and Members of State Commission and District Commission) Rules, 2020 was challenged. The Division Bench of the Bombay High Court declared these rules arbitrary, unreasonable, and violative of Article 14 on 30.07.2021. The Union of India appealed to the Supreme Court in The Secretary Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye & Others, which dismissed the appeals on 03.03.2023, upholding the High Court's decision. The petitioner, after demitting office on 01.03.2023, filed this writ petition seeking a direction to the respondent to consider her application for re-appointment. The Court held that since the Rules of 2020 were struck down, the Model Rules, 2012, which were in force at the time of her application, should govern. The respondent had not processed her application due to the pendency of the challenge. The Court directed the respondent to consider the petitioner's application for re-appointment in accordance with the Model Rules, 2012, and pass appropriate orders within four weeks. The petition was allowed in those terms.
Headnote
A) Constitutional Law - Right to Consideration - Unconstitutional Rules - Article 14 of the Constitution of India - The petitioner applied for re-appointment under the Model Rules, 2012, but the respondent failed to process her application due to the pendency of challenge to the Rules of 2020. The Supreme Court upheld the declaration that Rules 3(2)(b), 4(2)(c), and 6(9) of the Consumer Protection (Qualification for Appointment, Method of Recruitment, Procedure of Appointment, Term of Office, Resignation and Removal of President and Members of State Commission and District Commission) Rules, 2020 were arbitrary and violative of Article 14. The Court held that the petitioner's right to be considered for re-appointment could not be defeated by the unconstitutional rules, and directed the respondent to consider her application within four weeks. (Paras 2-6) B) Consumer Law - Re-appointment - District Consumer Commission - Section 28 of the Consumer Protection Act, 2019 - The petitioner, having been re-appointed once under the Model Rules, 2012, sought a second re-appointment. The Court noted that the Rules of 2020, which would have governed the process, were struck down, and the Model Rules, 2012, remained in force. The Court directed the respondent to consider the petitioner's application for re-appointment in accordance with the Model Rules, 2012, and to pass appropriate orders within four weeks. (Paras 2-6)
Issue of Consideration
Whether the petitioner is entitled to be considered for re-appointment as President of the District Consumer Disputes Redressal Commission after the Rules of 2020 were declared unconstitutional, and whether the respondent is obligated to consider her application under the pre-existing Model Rules, 2012.
Final Decision
The petition is allowed. The respondent is directed to consider the petitioner's application for re-appointment as President of the District Consumer Disputes Redressal Commission in accordance with the Model Rules, 2012, and pass appropriate orders within four weeks from the date of the judgment.
Law Points
- Re-appointment
- Consumer Protection Act
- 2019
- Rules of 2020
- Unconstitutional Rules
- Article 14
- Right to Consideration
- Model Rules
- 2012
- Viva-voce Examination
- Tenure Extension
