IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
NAMIT KUMAR, J.
Amrit Anjana - Petitioner
Versus
State Of Punjab And Others - Respondents
CWP-8869-2022 (O&M)
Decided On : 14-01-2026
JUDGMENT :
NAMIT KUMAR, J.
1. The petitioner has invoked the writ jurisdiction of this Court by filing the instant petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing of the order dated 16.05.2022 (Annexure P-15), vide which respondent No.4 has been appointed as President, District Consumer Disputes Redressal Commission (for short, 'District Commission'), Sangrur. Further, a writ of mandamus has been sought for directing the respondents to appoint the petitioner as President of the District Commission, Sangrur, being at Sr. No.2 in the merit list, which has fallen vacant due to the resignation tendered by Sh. Sant Parkash Sood within a period of six months. Further, a prayer has been made to appoint the petitioner or respondent No.4 to the post of President, District Commission, Patiala.
2. The brief facts, as have been pleaded in the petition, are that the State Government vide public notice dated 09.01.2021 (Annexure P-1) invited applications for filling up 09 posts of President, District Commissions at Barnala, Bathinda, Fatehgarh Sahib, Sangrur, Ropar, Kapurthala, Muktsar Sahib, Jalandhar and Faridkot, on whole time basis. The petitioner applied on 05.02.2021 for the post of President, District Commission, Sangrur and vide application dated 09.02.2021, she applied for the post of President, for District Fatehgarh Sahib. The Selection Committee, after assessing the suitability of the candidates, submitted district wise list of eligible candidates for recommendation in order of merit and forwarded the same to the State Government for appointment, vide communication dated 06.04.2021. The name of the petitioner was at Sr.No.2 for District Sangrur and one Sh. Sant Parkash Sood was at Sr. No.1, who was given appointment on 23.06.2021 and he joined as such on 23.06.2021 itself and thereafter, he submitted his resignation, which was accepted by the State Government on 31.01.2022 and he relinquished the charge of the said post on 02.02.2022. The petitioner submitted representation(s) dated 19.07.2021 and 20.07.2021 (Annexure P-4), claiming appointment as President, District Commission, Malerkotla. Thereafter, she submitted representations dated 22.03.2022 and 25.03.2022 (Annexure P-3) to respondents for appointment against the post which got vacant due to resignation of Sh.Sant Parkash Sood and when no action on the said representations was taken by the State Government, the petitioner filed the instant writ petition before this Court seeking directions to the respondents to consider the representations submitted by the petitioner and to appoint her against the post of President, District Commission, Sangrur or Malerkotla. The writ petition was dismissed by this Court vide judgment dated 15.09.2022 (Annexure P-6) on the ground that vacancy stood consumed at the relevant point of time as Sh. Sant Parkash Sood was appointed on 23.06.2021 and his resignation was accepted on 31.01.2022 and that he was not impleaded as party respondent to the petition. The said judgment dated 15.09.2022 was challenged by the petitioner in LPA No.802 of 2023 titled as 'Amrit Anjana v. State of Punjab and others. In the said appeal, Sant Parkash Sood was impleaded as respondent No.4 and another person, namely Jot Naranjan Singh Gill was impleaded as respondent No.5, as in the interregnum Jot Naranjan Singh Gill was appointed as President, District Commission, Sangrur on 13/16.05.2022 and he joined on 17.05.2022. The said appeal was dismissed by a Division Bench of this Court, vide judgment dated 15.02.2024 (Annexure P-7). Thereafter, the petitioner filed a review application in the said LPA, which was also dismissed by the Division Bench on 16.04.2024 and the said orders were assailed by the present petitioner by filing SLP(Civil) No.13684- 13685 of 2024 (Amrit Anjana v. State of Punjab and others) which was converted into Civil Appeal No.12420-12421 of 2024. The said appeal was accepted by the Hon'ble Supr
If a selected candidate joins and resigns within a period of currency of waiting list, a wait listed candidate would have a right to claim appointment and this very proposition also appears to have b....
The post of President of District Commission under Section 28(1) of the Act of 2019 for the aforesaid six districts is a single isolated post in each district and therefore it is not amenable to the ....
The main legal point established in the judgment is that once the selection process has been completed and the statutory Selection Committee has recommended the appointments, the State has no role bu....
Point of law: Recruitment - duty of the Public Service Commission is to make available to the Government a complete list of qualified candidates arranged in order of merit. Thereafter the Government ....
Point of law: 'For issuing a writ of mandamus in favour of a person, person claiming, must establish his legal right in himself. Then only a writ of mandamus could be issued against a person, who has....
The qualifications for appointment as members of the Consumer Disputes Redressal Commissions under the Rules of 2020 are distinct for different categories, and candidates qualifying under Rule 3(2)(a....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.