JUDGMENT

VINEET SARAN, C.J. - By means of this writ petition, the petitioner has challenged the selection and appointment of opposite party No.5 as female member of the State Consumer Disputes and Redressal Commission, Orissa.

2. The petitioner, an unsuccessful candidate for the selection of post of female member of the State Consumer Disputes Redressal Commission, has filed this writ petition with the following prayer :-

“Under the above facts and circumstances, the petitioner humbly prays that this Hon’ble Court may be graciously pleased to admit this writ application, issue notices to the Opp. Parties and after hearing both the parties allow this writ application by declaring the appointment of the Opp. Party No.5 is illegal and nullity and quashing the same, issue a writ in nature of Mandamus or any other appropriate writ (s) as deems proper and fit in the interest of justice, directing the Opp. Party No.1 to appoint the petitioner as a Female Member to the State Consumer Dispute & Redressal Commission, Orissa, Cuttack within a stipulated period.”

3. The prayer made in this writ petition is two fold; the first prayer is to declare the selection of opposite party No.5 as illegal; and second is to direct for appointment of the petitioner as female member of the Commission. Admittedly, the selection was held in the year 1999 which was for a period of five years.

4. The submission of Sri A.K. Mishra, learned Counsel for the petitioner is that though the second prayer made in this writ petition may have become infructuous, but the first prayer with regard to declaring the appointment of opposite party No.5 as illegal, still survives.

5. The factual matrix of the case in hand is that the petitioner, having acquired degree in law, indulged herself as an Advocate and subsequently selected as a lady member of the Kendrapara District Consumer Disputes Redressal Forum by the State Government, pursuant to the selection made by the Committee constituted vide Notification dated 10.02.1994.Consequently, she joined on 02.03.1994 and continued till 01.03.1999 for a period of five years and gained experience as a lady member of the District Consumer Disputes Redressal Forum. Late Justice D.M. Pattnaik (as His Lordship then was) was appointed as the President of the State Consumer Disputes and Redressal Commission, Orissa, Cuttack on 23.04.1999 after his retirement as a Judge of the High Court.

6. The State Government constituted a selection committee, as per the provisions contained in Sub-section (1) of Section 16 of the Consumer Protection Act, of which Late Justice D.M. Pattnaik became the Chairman for selection and appointment of Male and Female Members of the State Consumer Disputes and Redressal Commission, Orissa, Cuttack. The Secretary of the Law Department of the State and the Secretary-in-Charge of the Department dealing with the Consumer Affairs of the State were also the Members of the Selection Committee. The Director, Consumer Affairs, Orissa-cum-Joint Secretary to Government Department of Food, Supplies and Consumer Welfare, after getting requisition from the Chairman of the Selection Committee, invited applications from the interested candidates for their selection to the post of Male and Female Members of the State Consumer Disputes and Redressal Commission, Orissa, Cuttack by publishing an advertisement on 22.12.1998 in the daily Oriya newspaper “The Samaj”.

7. In the said advertisement it was stipulated that in the prescribed proforma the candidate should submit their applications for their selection as a Male and Female Member of the State Consumer Dispute and Redressal Commission, Orissa, Cuttack enclosing an affidavit that he/she did not and should not have (a) membership in any political party or any communal organization or (b) any financial or other interests which was likely to affect prejudicially his/her functions as member of the State Commission in the event of being appointed as such. It was further stipulate