Hon'ble Judges/Coram:
S.R. Bannurmath and Kurian Joseph

JUDGMENT

Kurian Joseph, J.

1. The issue raised in these writ appeals pertains to the method of selection and appointment of the President of the Consumer Disputes Redressal Forum, under the provisions of the Consumer Protection Act, 1986. The appointment is in respect of two districts, Kottayam and Wayanad. The question is whether the Government, which is the appointing authority, is bound to make appointments as per the selection made by the Selection Committee. The undisputed factual position is that the Selection Committee conducted interview and on the basis of merit, prepared a select list. The Government, ignoring the order of merit, appointed two Presidents, of course, from the panel prepared by the Selection Committee. The learned single Judge has taken the view that once the Selection Committee having assessed the merit of the qualified candidates and having recommended the candidates in the order of merit, without assigning any reason, the Government could not have ignored the select list prepared on the basis of merit as assessed by the Selection Committee and hence the appeals by the State.

2. Under the Scheme of the Consumer Protection Act, 1986, the appointment is to be made by the Government on the recommendation of the Selection Committee. To quote the provision as prescribed under Section 10(1A) of the Act:

10(1A). Every appointment under sub-sin shall be made by the State Government on the recommendation of the Selection Committee consisting of the following, namely:

(i) The President of the State Commission - Chairman.

(ii) Secretary, Law Department of the State - Member.

(iii) Secretary, in charge of the Department dealing with Consumer Affairs in the State - Member.

Provided that where the President of the State Commission is, by reason of absence or otherwise, unable to act as Chairman of the Selection Committee, the State Government may refer the matter to the Chief Justice of the High Court for nominating a sitting Judge of that High Court to act as Chairman.

The procedure is prescribed under the Kerala Consumer Protection Rules, 2005. The relevant Rule 7 reads as follows:

7. Appointment of whole-time members in the District Forum.-- (1) Appropriate panel of candidates for consideration of appointment as whole-time member in the District Forum shall be called for by the Department in charge of Consumer Affairs in Government from the concerned District Collectors and the District Collectors may, after due publicity, furnish a short listed panel of candidates, not exceeding five candidates per vacancy, with relevant documents and details to the Government after verification and scrutiny of the qualifications and other eligibility criteria prescribed in the Act and these Rules:

Provided that the Government Department dealing with the Consumer Affairs may, if necessary, advertise directly for the purpose.

(2) The panel of Sitting Judges/Retired District Judges and persons qualified to be appointed as District Judges shall be obtained from the High Court of Kerala for consideration of appointment to the post of President:

(3) The category-wise panel so obtained, after further scrutiny and short listing, with all relevant documents and details shall be placed before the Selection Committee at the appropriate time by the Convener of the Selection Committee and the Selection Committee shall finalise a panel of category-wise candidates, by adopting such methods as the Selection Committee may deem fit and the list of qualified candidates so finalised, shall be sent for consideration of appointment by the Government. The Secretary to Government in charge of the Department dealing with Consumer Affairs in the State shall be the Convener of the Selection Committee.

3. Thus in the case of appointment of members of the District Forum there are seven stages:

(1) The District Collector invites applications for the preparation of a panel for appointment.

(2) Th........