Sardar R.P. Singh v. Government Of NCT Of Delhi & ANR.

$~62 & 94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7538/2025, CM APPL. 33627/2025 & CM APPL. 33628/2025 SARDAR R.P. SINGH .....Petitioner Through:

Mr. A.S. Chandhiok, Senior Advocate and Mr. Abhijat, Senior Advocate, Dr. Amit George, Mr. Aman Singh Bakhshi, Mr. Divjot Singh Bhatia, Mr. Shreesh Chadha, Mr. Shaurya Agarwal, Ms.

Arushi Singh, Advocates.

versus GOVERNMENT OF NCT OF DELHI & ANR .....Respondents Through:

Ms. Avni Singh, Advocate.

(94) + W.P.(C) 7644/2025 ANUJ KUMAR CHAUHAN & ORS ....Petitioner Through:

Mr. S. Surender, Mr. Rahul Ranjan Verma, Mr. Paras Bhardwaj, Mr.

Anuj Kumar Chauhan, Mr. T.P.

Chauhan and Ms. Gagandeep Kaur, Advocates.

versus GOVERMENT OF NCT OF DELHI & ANR .....Respondents Through:

Ms. Avni Singh, Advocate.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 28.05.2025 1.

Present writ petitions have been filed under Article 226 and 227 of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Constitution of India seeking extension of the term of Presidents, Presiding Officers as well as Members of the Delhi State and District Consumer Disputes Redressal Commissions functioning in Government of NCT of Delhi. For clarity, the prayers sought in these petitions are extracted hereunder:- W.P.(C) 7538/2025 a. Issue a writ of mandamus or any other appropriate writ thereby extending the tenure of the President, Presiding Officers and Members of Delhi State and District Consumer Disputes Redressal Commission till the appointment of new members is made;

b. Issue a writ of mandamus or other appropriate writ order or direction directing Respondents and the concerned authorities to start the process of appointment and to fill vacant position in the Delhi State and District Consumer Disputes Redressal Commissions;

c. Pass ad-interim directions extending the tenure of the Presidents, Presiding Officers and Members of Delhi State and District Consumer Disputes Redressal Commission during the pendency of the present Writ Petition;

d. Issue or pass any writ, direction or order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

W.P.(C) 7644/2025 "a. Issue a writ of mandamus or any other appropriate writ thereby extending the tenure of President, Delhi State Consumer Commission, who is going to retire on 29.05.2025, till such time the new President joins;

b. Issue a writ of mandamus or any other appropriate writ thereby extending the tenure of the Presiding officers and Members of Delhi State and District Consumer Disputes Redressal Commission till the appointment of new members. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

c. Issue a writ of mandamus or other appropriate writ order or direction directing Respondents and the concerned authorities to start the process of appointment and to fill vacant position of Members in the Delhi State Consumer Commission. d. Issue or pass any writ, direction or order, which this Hon'ble court may deem fit and proper under the facts and circumstances of the case."

2.

We have heard learned counsel for the parties. 3.

The concern raised in these writ petitions is with regard to the vacancies which are about to arise in the State Commission as well as District Commissions. It is stated that working of the Commissions will come to a standstill since as many as 19 officials serving as Presidents and Members of the State and District Commissions are due to retire in the upcoming months till September/October, 2025. It is further stated that fresh appointments are likely to take a substantial period of time in light of the decision of the Hon'ble Supreme Court in Ganeshkumar Rajeshwarrao Selukar v. Mahendra Bhaskar Limaye, 2025 SCC OnLine SC 1193 wherein the central government has been directed to notify new rules for appointment. It has also been directed by the Hon'ble Supreme Court that in the event of the tenure ending before the completion of the recruitment process under the new Rules, which are yet to be notified, the appointment of incumbents holding such posts shall be allowed to continue until the completion of the said recruitment process.

4.

Ms. Avni Singh, learned counsel for the respondents, on instructions from Mr. Vinod Kumar, Assistant Director (Consumer Affairs), Department of Food and Supply, states that the directions given by the Hon'ble Supreme Court in Ganeshkumar Rajeshwarrao Selukar (supra) would be strictly The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complied with. She also states that the incumbents currently holding the posts of Presidents and Members of the State and District Consumer Commissions would be allowed to continue on their posts, even after their retirement, till the time appointments are made under the new recruitment rules which are yet to be notified.

5.

In view of the aforesaid statement tendered by Ms. Avni Singh, learned counsel for the respondents, no further orders are required to be passed.

6.

Accordingly, the writ petitions stand disposed of, alongwith the pending applications.

DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J MAY 28, 2025 rl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.