M.M. Sundresh JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 14.09.2021 passed by the High Court of Judicature Bombay at Nagpur Bench at Nagpur in Public Interest Litigation No. 11/2021 and Writ Petition No. 1096 of 2021, by which, the Division Bench of the High Court has struck down and has declared Rule 3(2)(b), Rule 4(2)(c) and Rule 6(9) of the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 (hereinafter referred to as the Rules, 2020) as arbitrary, unreasonable and violative of Article 14 of the Constitution of India, the Ministry of Consumer Affairs, Union of India and State of Maharashtra have preferred the present appeals.
2. In exercise of powers conferred by Sections 29 and 43, read with clauses (n) and (w) of Sub-section (2) of Section 101 of the Consumer Protection Act, 2019 (hereinafter referred to as the Act, 2019), the Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) framed the Rules, 2020.
2.1. Rule 3 of Rules, 2020 provides for qualifications for appointment of President and members of the State Commission. Rule 3(2)(b) provided that a person shall not be qualified for appointment as a member of the State Commission unless he possesses a bachelor's degree from a recognized university and is a person of ability, integrity and standing, and has special knowledge and professional experience of not less than twenty years in consumer affairs, law, public affairs....
2.2. Rule 4 of Rules, 2020 provides for appointment of President and member of District Commission. Rule 4(2)(c) provided that a person shall not be qualified for appointment as a member of the District Commission unless he is a person of ability, integrity and standing, and having special knowledge and professional experience of not less than fifteen years in consumer affairs, law, public affairs.....
2.3. Rule 6 of Rules 2020 provide........