IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 18153 of 2008(R) -------------------------- PETITIONER: ------------ YASIR.A.Y., ATHIYA MANZIL KURAKKANNI, VARKALA P.O., CHIRAYINKEEL. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS: ------------- 1. STATE OF KREALA, REPRESENTED BY THE SECRETARY, FOOD, CIVIL SUPPLIES & CONSURMER AFFAIRS DEPARTMENT, GOVOERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR GENERAL , HIGH COURT OF KERALA, ERNAKULAM. 3. THE SECRETARY (CONVENER OF THE SELECTION COMMITTEE) FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRS DEPARTMENT,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 4. K.GOPALAN, PRESIDENT CONSUMER DISPUTES REDRESSAL FORUM KANNUR DISTRICT. 5. JACOB STEPHEN, PRESIDENT CONSUMER DISPUTES REDRESSAL FORUM PATHANAMTHITTA DISTRICT. 6. K.GEEVARGHESE, PRESIDENT CONSUMER DISPUTES REDRESSAL FORUM WAYANAD DISTRICT. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 18153 of 2008 ================== Dated this the 18th day of June, 2008 J U D G M E N T The petitioner challenges the selection to the post of Presidents in various Consumer Disputes Redressal Forums, in the State, on the ground that the appointment is in violation of the age qualification prescribed. According to him, since the President has to be a person who is or has been or is qualified to be a District Judge, he should have all the qualifications, one of which is the age limit prescribed for selection as a District Judge. According to him, the candidates should not have completed 47 years of age on the first day of January, 2007, since that is the age qualification prescribed for appointment as a District Judge. I am not inclined to agree with the contention of the petitioner. The qualifications of the President of the Forums and the Members are prescribed in Section (10)(1) of the Consumer Protection Act, 1986, which reads thus: “10. Composition of the District Forum.- (1) Each District Forum shall consist of; w.p.c.18153/08 2 (a) a person who is, or has been, or is qualified to be a District Judge, who shall be its President. (b) two other members, one of whom shall be a woman, who shall have the following qualification, namely, (i) be not less than thirty-five years of age, (ii) possess a bachelor's degree from a recognised university. (iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration; Provided that a person shall be disqualified for appointment as a member if he- (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent Court; or (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government ; or (e) has, in the opinion of the State Government, such financial or other interest as is likely to affect prejudicially the discharge by him of his function as a member; or (f) has such other disqualifications as may be prescribed by the State Government” 2. As far as the President of the Forum is cornered, the selection has to be from among the persons who is or has been or is qualified to be a District Judge and not from a person w.p.c.18153/08 3 qualified to be a District Judge alone. All of them are equally entitled to be considered for appointment. Obviously, for a person who is or has been a District Judge, age limit for selection as a District Judge cannot be made applicable. That being so, since all the persons are entitled to be equally considered, the age limit cannot apply to the persons qualified to be a District Judge also. More over, in the case of Members, age qualification is specifically prescribed. The absence of age qualification in the case of Presidents would go to show that such an age restriction is not applicable to selection of Presidents. Therefore, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.18153/08 4