Candidates Aged 45 Yrs Or Above Eligible To Head District Consumer Forum If Other Qualifications Are Met: Chhattisgarh High Court Clarifies
2 years, 10 months ago

Candidates Aged 45 Yrs Or Above Eligible To Head District Consumer Forum If Other Qualifications Are Met: Chhattisgarh High Court Clarifies

Live Law  

The Chhattisgarh High Court has held that if the office of President, District Commission can be held by District Judge aged 55 years or a retired District Judge aged 60 years, then even an Advocate of that age is eligible for the same and there is no legal bar or justification to hold otherwise. Questions Involved The High Court had to adjudicate on three questions: whether the rule of the reservation will apply to the single post of the President, District Commission? Inamdar Case which had held that the "rule of the reservation shall not apply to the single isolated post as there is no scope of inter-changeability of posts in the different disciplines", the High Court stated that merely because the post of President of District Commission has an attribute of interchangeability and transferability, it cannot be concluded that the post of President, District Commission is transferable to other districts and thus, considering it is a single, isolated post, the rule of the reservation shall not be applicable here as that would amount to "100% reservation to the exclusion of general members of public, which is impermissible in law." On the question pertaining to petitioners being overaged, the High Court conducted a thorough perusal of Rule 4 of Rules of 2020, A.233 of the Constitution of India and Rule 7 of the Rules of 2006 and referred to the apex court's judgment of Dheeraj Mor v. High Court of Delhi, the High Court stated that "Therefore, the maximum age limit prescribed in Rule 7 of the Rules of 2006 applicable for appointment on the post of District Judge cannot be imported for appointment on the post of President, District Commission, as it is not a qualification prescribed for appointment on the post of President, District Commission, it is a provision for appointment of District Judge."

High Court Constitution Court Age State Government Held High Commission President Post District Rule Chhattisgarh Appointment Eligible Petitioners District Commission 3 Years District Judge Direct Recruitment Raipur District Commission  president  met  district  rule  court  commission  high  head  held  petitioners  post  eligible  qualifications  age  yrs  forum  appointment  consumer

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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Hindustan Times  

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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