No written exam, viva voce required for appointment of state consumer forum President: Supreme Court

The Supreme Court on Thursday ordered that no written examination and viva voce would be required for appointment of President of State Consumer Disputes Redressal Commissions, considering that only retired High Court judges are appointed to the post..A Bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra reasoned that asking a retired High Court judge to write the exam was like asking a retired Supreme Court judge to take the paper for environmental law before being appointed to head the National Green Tribunal.“It is conceded on both sides that no written test would be feasible for the appointment of the President of the State Commission where only a former High Court judge can be appointed. Thus for this point, we direct that the requirement of holding written exam and viva voce in terms envisaged shall stand relaxed for the President,” the Court ordered.However, the Court clarified that appointment to the post of President of the State Commission would be after concurrence with the Chief Justice of the concerned High Court..The top court was hearing a matter related to the appointment of President and members of consumer forums across the country.In respect of the District Consumer Disputes Redressal Commissions, the Court opined that a similar relaxation in written exam would mean backdoor entry for lawyers.“Members of the Commission are drawn from finance etc...why doesn't the Union draft the proposed rules and then we hear it? Because to say that no test at district level would mean backdoor entry for advocates. Better we hear this after rules are in place. We cannot leave it to the states because there will be unbridled discretions,” the CJI remarked..In the order, the Court said it agrees with the Central government that appointments to district forums should be fair and transparent.It accordingly directed the Centre to come back with a proposal for amending the rules under which such appointments take place.