HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
VINIT KUMAR MATHUR,
CHANDRA SHEKHAR SHARMA
RAJASTHAN HIGH COURT ADVOCATES ASSOCIATION – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 10174 / 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR D.B. Civil Writ Petition No. 10174/2022 Rajasthan High Court Advocates Association ----Petitioner Versus The State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Anil Kumar Bhandari For Respondent(s) : Mr. Rajesh Panwar, AAG with Mr. Ayush Gehlot Mr. Chayan Bothra Ms. Salochana Bishnoi for Mr. B.L. Bhati, AAG HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
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:
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.
4. She has also invited our attention to the order passed by the Supreme Court in similar case of Urmila Verma Vs. State of Rajasthan & Anr.: arising out of SLP(C) No.36217/2025, decided on 19.01.2026 whereby the Supreme Court passed the following order:
"1. Leave granted.
2. This appeal has been filed against an interim order dated 28.11.2025 passed by the High Court of Judicature for Rajasthan, declining interim protection to the appellant to continue as Member (Judicial) of the State Consumer Disputes Redressal Commission, notwithstanding the judgment of this Court in Ganeshkumar Rajeshwarrao Selukar Vs. Mahendra Bhaskar Limaye, 2025 SCC Online SC1193.
3. After hearing learned counsel for the parties, as an interim measure, we deem it appropriate to direct that the appellant be reemployed as a Member (Judicial) of the State Consumer Disputes Redressal Commission forthwith. Ordered Accordingly.
4. It is further clarified that the appellant upon reappointment shall be deemed to be continued uninterruptedly with effect from 01.12.2025 till the fresh recruitment is made and/or the rules are suitably amended by the State Government in consultation with the High Court. The remaining issues will be examined by the High Court in the pending writ petition.
5. The civil appeal is, accordingly, disposed of."
5. Having noticed the aforesaid orders passed by the Supreme Court, we are inclined to pass an interim order in favour of the petitioner and direct that the petitioner shall be allowed to continue on the post uninterruptedly till, the fresh recruitment is made after the rules are suitably amended. The petitioner shall not be relieved from her office from 09.03.2026. 6. Issue notice to the respondents, returnable within a period of four weeks.
7. Misc. Application No.01/2026 stands disposed of.”
5. Learned Additional Advocate General is not in a position to refute the submissions made b
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