1. Application seeking continuation in office for Presidents and Members of Consumer Commissions pending fresh recruitment. (Para 2 )
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2026 Supreme(Online)(Raj) 8945
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Vinit Kumar Mathur, Chandra Shekhar Sharma, JJ
Rajasthan High Court Advocates Association – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Civil Writ Petition No. 10174/2022
Advocates:
For the Appellants/Petitioners: Anil Kumar Bhandari
For the Respondents: Rajesh Panwar, Ayush Gehlot, Chayan Bothra, B.L. Bhati
For the Appellants/Petitioners: Anil Kumar Bhandari
For the Respondents: Rajesh Panwar, Ayush Gehlot, Chayan Bothra, B.L. Bhati
Presidents and Members of State and District Consumer Commissions shall continue in office uninterruptedly until fresh recruitment is conducted following the suitable amendment of rules, ensuring the continuity of judicial functions in consumer forums.
Headnote:(A) Consumer Protection - Appointment of Members - Continuation in office - Where fresh recruitment has not been conducted and rules are yet to be suitably amended, Presidents and Members of State and District Consumer Commissions are entitled to continue in their posts uninterruptedly until fresh recruitment is made. (Para 6)
(B) Judicial Precedent - Application of Supreme Court Guidelines - The court relied upon the principles laid down by the Hon'ble Supreme Court regarding the continuity of tenure for Commission members pending the notification of new rules to prevent administrative vacuum. (Para 3, 4)
Issues: Whether the Presidents and Members of the State and District Consumer Commissions should be allowed to continue in office until fresh appointments are made under suitably amended rules.
Legal Category Hierarchy
Table of Contents
2. Petitioner sought interim protection citing Supreme Court precedent; State could not refute the submissions. (Para 3 , 5 )
3. Court allowed continuation in office until fresh recruitment after rules amendment, following Supreme Court directions. (Para 6 )
4. Appointments of Consumer Commission members must continue until new rules are framed and recruitment completes. (Para 6 )
5. Application disposed ordering all officers to continue or be re-employed until fresh recruitment after rules amendment. (Para 6 )
6. Can Consumer Commission members continue after tenure expiry pending new recruitment?
Yes, court ordered continuation until fresh recruitment after rules amendment, following Supreme Court precedent in Ganeshkumar Rajeshwarrao Selukar. (Para 3 , 4 , 5 , 6 )
7. What is the effect of Supreme Court's order in Urmila Verma on similar interim applications?
The Supreme Court directed reemployment and uninterrupted continuation until fresh recruitment, binding on High Courts in similar matters. (Para 3 , 4 )
Order
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
18/03/2026
1. Heard learned counsel for the parties.
2. The matter comes upon an application (I.A. No.01/26) filed by the petitioner for allowing the Presidents of the Members of the State Consumer Commission/District Consumer Commission to continue to hold the office till further orders or till fresh appointments are made.
3. Learned counsel for the petitioner submits that in the identical situation the Co-ordinate Bench of this court in DB Civil Writ Petition No. 4191/2026 (Jayshree Sharma Vs. State of Rajasthan & Ors.) passed an interim order dated 07.03.2026, while relying upon the order passed by the Hon'ble Supreme Court in the case of Urmila Verma Vs. State of Rajasthan & Anr. arising out of SLP(C) No.36217/2025.
4. The order dated 07.03.2026 is as under:-
2. The petitioner is present in person. She submits that the rules as directed by the Hon'ble Supreme Court in the case of Ganeshkumar Rajeshwarrao Selukar & Ors. Vs Mahendra Bhaskar Limaye & Ors.: (2025)8 SCC 634 have yet to be framed by the State Government and new recruitment process is yet to commence. While the said aspect is pending with the State Government. The tenure of the petitioner ends on 09.03.2026.
3. She has invited our attention to the observations made by the Hon'ble Supreme Court in summary and reliefs which state as under:
| Category of persons | Relief | |
|---|---|---|
| 1. | Persons appointed as Members of the State Commission and Presidents and Members of the District Commission in the State of Maharashtra, vide Order dated 5-10-2023 pursuant to the written examination and notified, their appointment shall be allowed to continue until the completion of the said recruitment process. | They shall be allowed to complete their tenure in entirety. In the event of their tenure ending before the completion of the recruitment process under the new rules to be notified, their appointment shall be allowed to continue until the completion of the said recruitment process. |
| 2. | Persons seeking reappointment in the State of Maharashtra, after their services had been terminated vide Order dated 6-10-2023. | They can be considered for reappointment in the State and District Commissions, based on the new rules to be notified, subject to the condition that persons seeking reappointment to the posts of President and Judicial Members of the State Commission and President of the District Commission, shall not be required to undergo a written examination followed by a viva voce, while non-judicial Members of the State and District Commissions, shall be required to undergo a written examination followed by a viva voce. The writ petitions pending before the High Court of Bombay challenging the said termination Order of the State of Maharashtra dated 6-10-2023, will have to be decided in terms of this judgment and larger principles of law. |
| 3. | Presidents and Members of the State and District Commissions who have been appointed and serving prior to Limaye (1). | They shall be allowed to complete their tenure in entirety. In the event of their tenure ending before the completion of the recruitment process under the new rules to be notified, their appointment shall be allowed to continue until the completion of the said recruitment process. |
| 4. | Presidents of the State and District Commissions, and the Judicial Members of the State Commission, in the States, with/ without having given the written examination followed by a viva voce. | (a) Those who are appointed serving shall be allowed to complete their tenure in entirety. In the event of their tenure ending before the completion of the recruitment process under the new rules to be notified, their appointment shall be allowed to continue until the completion of the said recruitment process. (b) Those who have been selected, but not appointed, on account of the States concerned having stayed the appointment process during the pendency of these appeals, shall be app |
