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R. SUBRAMANIAN, L. VICTORIA GOWRI
V. Sundararaj – Appellant
Versus
Registrar General, High Court of Judicature, Chennai – Respondent
JUDGMENT
(Prayer in WP.(MD)No.17210 of 2022 : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notification No.2/2022 dated 17.07.2022 issued by the 2nd respondent and quash the same as illegal and consequently direct the 2nd respondent to either to obtain leave or permission from the Hon''ble Supreme Court of India before issuing any such notification in the recruitment for the posts of Members and Presidents in the State and District Consumer Forums in the future.
In WP.(MD)No.18015 of 2022 : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notification No.1/2022 dated 17.07.2022 issued by the 1st and 2nd respondents and quash the same as illegal and consequently direct the 1st and 2nd respondents either to obtain leave or permission from the Hon''ble Supreme Court of India before issuing any such notification in the recruitment for the posts of Members (Non-Judicial) in the Tamil Nadu State Consumer dispute redressal Commission.)
Common Order
Notifications issued under non-existent rules are invalid, and subsequent selection procedures based on such notifications are also invalid.
Appointment of President and Members of State and District Commission – Rule 3(2)(b), Rule 4(2)(c) and Rule 6(9) of Consumer Protection (Qualification for appointment, method of recruitment, procedur....
The judgment reinforces the principle of judicial independence in the appointment of tribunal members, asserting that executive influence must be minimized to uphold the separation of powers and the ....
The Rules of 2020 were arbitrary, unreasonable and violative of Article 14 of the Constitution of India as they did not provide for a uniform pattern and transparency in selection, did not prescribe ....
Timely appointments to consumer commissions are essential to prevent disruption of services and protect consumer rights, as delays are arbitrary and against public interest.
Administrative authorities cannot implement or rely upon draft, unnotified rule amendments to alter eligibility criteria or recruitment sources until such rules are formally gazetted and gain statuto....
The court affirmed that compliance with Supreme Court directives is mandatory and that superannuation orders must align with those established rules, highlighting judicial obligations under Article 1....
The High Court emphasized the obligation to comply with the Supreme Court's directives regarding the tenure of consumer commission members, prohibiting reinterpretation by subordinate authorities.
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