Timely appointments to consumer commissions are essential to prevent disruption of services and protect consumer rights, as delays are arbitrary and against public interest.

JUDGMENT :

Vivek Singh Thakur, J.

This writ petition has been filed apprehending the closure of working of Himachal Pradesh State Consumer Disputes Redressal Commission, for ensuing retirement of present President on 05.04.2025, because posts of two members are already lying vacant and, therefore, after retirement of the President, the functioning of the Commission will not be possible. Therefore, prayer has been made to issue direction to continue the present President till new incumbent is appointed.

2. Vide Notification dated 15.7.2020, the Department of Consumer Affairs, notified the Consumer Protection [Qualification for Appointment, Method of Recruitment, Procedure of Appointment, Terms of Office, Resignation and Removal of the President and Members of the State Commission and District Commission] Rules, 2020 (for short ‘Rules 2020’).

3. Rule 3(2)(b), Rule 4(2)(c) and Rule 6(9) of Rules 2020, were declared arbitrary, unreasonable and violative of Article 14 of Constitution of India by Nagpur Bench of High Court of Judicature at Bombay, vide common judgment and order dated 14.9.2021, passed in Public Interest Litigation No.11 of 2021 and Writ Petition No.1096 of 2021.

4. The aforesaid judgment and order dated 14.9.2021 was upheld by the Supreme Court in Civil Appeals No.831, 832 and 833 of 2023, preferred by Ministry Of Consumer Affairs, Food And Public Distribution, Union of India, and State of Maharashtra. However, the Supreme Court had directed the Central Government to amend Rules 2020, particularly Rule 6(9) of Rule 2020, and to make appointment of Presidents and Members of State and District Commissions on the basis of performance in the Written Test consisting of two papers of 100 marks each and 50 marks for viva voce and the written test consisting of two papers may be as per the scheme detailed in the judgment. These directions were among certain other amendments in Rules 2020, which were directed by Supreme court exercising the power under Article 142 of the Constitution of India.

5. In sequel to aforesaid direction, vide Notification dated 21.9.2023, amendments in Rules were carried out by the Ministry Of Consumer Affairs, Food and Public Distribution, Government of India.

6. Prior to that vide Notification dated 15.9.2022, Rule 10 providing terms of Office of President or Member was also amended by reducing it from five years to four years.

7. Rule 6(1) and Rule 10(2) of Rules 2020 were again assailed before the Nagpur Bench of the Bombay High Court by filing Writ Petitions No.3680 of 2023, 2107 of 2023 and 2496 of2023.

8. In Writ Petition No.3680 of 2023 (supra) and connected petitions, the Bombay High Court (Nagpur Bench) had passed following order:

“49. In the light of aforesaid discussion, the following order is passed :-

(A) Rule 6(1) of the Rules of 2020 is struck down on the ground that the same results in diluting the involvement of the judiciary in the process of appointment of the President and members of the State Commission and the District Commission. The said Rule is against the spirit of the decision of the Constitution Bench in Rojer Mathew (supra).

(B) Since Rule 6(1) of the Rules of 2020 has been struck down the notifications dated 10.04.2023 and 13.06.2023 would not survive.

(C) Rule 10(2) of the Rules of 2020 to the extent it prescribes the tenure of the members of the State Commission and the President and members of the District Commission to be four years is struck down as not being in consonance with the spirit of the law laid down in the Madras Bar Association III (supra).

(D) Since re-appointment of members of the State Commission and the President as well as members of the District Commission under Rule 10(2) of the Rules of 2020 is on the basis of recommendation to be made by the Selection Committee and as Rule 6(9) of the Rules of 2020 has been struck down in Vijaykumar Bhima Dighe (supra), till the time Rule 6(9) of the Rules of 2020 is suitably amended the Selection Committee can consider foll