IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 W.A.No.1632 of 2008 ------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.11015/2008-J, DATED 13/06/2008 .................... APPELLANT/PETITIONER:- ---------------------------------------- C.DEVARAJAN, T.C.10/949 (1), DEVAGEETHAM, AMBALATHUNADA, MUKKOLA P.O., THIRUVANANTHAPURAM - 695 044. BY ADV. SRI.JOHNSON MANAYANI. RESPONDENTS/RESPONDENTS:- -------------------------------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, FOOD CIVIL SUPPLIES, AND CONSUMER AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SELECTION COMMITTEE FOR APPOINTMENT OF MEMBERS TO KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN, (PRESIDENT OF THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SISUVIHAR LANE, VAZHUTHACADU, SASTHAMANGALAM, THIRUVANANTHAPURAM). 3. THE LAW SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE SECRETARY, FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. W.A.No.1632 of 2008-D. -- 2 -- 5. M.K.ABDULLA SONA (MEMBER, KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHAR LANE, VAZHUHACADU, SASTHAMANGALAM TRIVANDRUM) HOUSE NO.1152(A), CIVIL LANE'S ROAD AYYANTHOLE, THRISSUR. R1 TO R4 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R5 BY ADV.SRI.T.V.GEORGE, SRI.K.N.BALACHANDRA KAIMAL & SRI.JIMMY GEORGE (THADATHIL) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. --------------------------------------------- W.A.No.1632 of 2008-D -------------------------------------------- Dated, this the 3rd November, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the orders passed by the learned Single Judge in W.P.(C).No.11015 of 2008, dated 13th June, 2008. By the impugned order, the learned Single Judge has rejected the writ petition. (2) Petitioner claims, that, he has higher rank when compared to the 5th respondent, who is selected and appointed as Member of State Consumer Disputes Redressal Commission. It was his further contention, that, the State Government has selected a person who has secured a lesser rank than the petitioner. (3) Along with the writ petition papers, the petitioner himself had produced Exhibit P4, which contains the panel of names recommended by the Selection Committee. The Selection Committee, in the interview held by them for selecting a candidate for appointment to the post of Member of State Consumer Disputes Redressal Commission, has awarded 21 marks to each of the four candidates who had participated in the selection process. (4) The learned Single Judge, keeping in view, that, all the four candidates who had participated in the selection process had secured equal marks WA.1632 of 2008-D - 2 - and since the petitioner had not made any allegation of mala fide against any member of the Selection Committee or against the State Government, was of the opinion, that, the petitioner is not entitled to the relief and, accordingly, has rejected the writ petition. (5) We have also carefully perused Exhibit P4, which is a panel of names suggested by the Selection Committee. Exhibit P4 would clearly indicate, that, all the four candidates included in the panel furnished by the Selection Committee have secured equal marks. Therefore, the contention of the appellant, that, he was ranked first in the panel of names furnished by the Selection Committee for appointment as Member of the State Consumer Disputes Redressal Commission cannot be accepted. Keeping all these aspects of the matter in view, the learned Single Judge, in our opinion, has rightly rejected the writ petition. We do not find any infirmity in the orders passed by the learned Single Judge, which would call for our interference in appeal. Therefore, the Writ Appeal requires to be rejected and it is rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge