- 1 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21498 OF 2025 (S-RES) BETWEEN: SMT.SAVITHA B PATTANASHETTI W/O SHIVANAND, AGED ABOUT 46 YEARS, MEMBER OF DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, R.T.O., ROAD, SHIVAMOGGA TQ AND DISTRICT SHIVAMOGGA-577 202. …PETITIONER (BY SMT. SAVITHA.B. PATTANASHETTI, PARTY-IN-PERSON) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA DR. B R. AMBEDKARVEEDHI, BENGALURU-560 001. 2. THE DEPARTMENT OF FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS, REPRESENTED BY ITS UNDER SECRETARY, VIKAS SOUDHA, DR. B R. AMBEDKARVEEDHI, BENGALURU-560 001. 3. THE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, REPRESENTED BY ITS REGISTRAR-CUM-ADMINISTRATIVE OFFICER, BASAVA BHAVANA, HIGH GROUNDS, BENGALURU-560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 22.05.2025 BEARING NO. E-AANAASA 79 SALAFA 2025 (1783894) ISSUED BY R-2 IS PRODUCED HEREWITH AND MARKED AS ANNX-J AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ A) Issue a writ in nature of certiorari quashing the impugned Order dated: 22.05.2025, Bearing No: E-AaNaaSa 79 SaLaFa 2025 (1783894), issued by Respondent No.2 is produced herewith and marked as Annexure-J, in so far as petitioner concerned. B) Issue a writ in nature of Certiorari Quashing the impugned order dated: 27.05.2025, Bearing No. KaRaaAa/Aadalitha/02/2025, issued by the Respondent No.3, is produced herewith and marked as Annexure-K. C) Direct the respondents to consider the case of the petitioner for re-appointment for another term of four years as per rule 10(2) of the Consumer Protection (Qualification for Appointment, method of Recruitment, Procedure of Appointment, Term of Office, Resignation and Removal of the President and Members of the State Commission and District Commission) (Amendment) Rules 2022. D) Issue any orders, directions or writ, which deems fit, in the facts and circumstances of the case.” - 3 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 2. Heard the petitioner, party in-person and learned AGA for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that on 03.03.2020, the petitioner was selected and appointed as a women member of the District Consumer Disputes Redressal Commissioner, Shivamogga, for a term of 5 years. The petitioner submitted representations dated 19.02.2025 and 01.03.2025 to the 3rd respondent with a request to consider extension of her service for 2nd term for a period of 5 years in terms of the Consumer Protection (Qualification for Appointment, method of Recruitment, Procedure of Appointment, Term of Office, Resignation and Removal of the President and Members of the State Commission and District Commission) (Amendment) Rules, 2022 and the interim order passed by the Apex Court in the case of Ganesh Kumar Rajeshwar Rao and others vs. Mahendra Bhaskar Limaye & others – (2025) 8 SCC 634, which was pending before the Apex Court at that time. It was contended that since the respondents did not consider the request of the petitioner for extension and relieved her from the post upon completion of the aforesaid period of 5 years on 03.03.2025, the petitioner, party in- - 4 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 person along with Sri.Vasantha Kumar, Smt.Naina Ashok Kamte, both of whom were appointed along with the petitioner approached this Court in W.P.No.7747/2025, in which, this Court passed an interim order directing the respondents not to disturb the petitioner herein and the other two members from continuing to work in their respective posts. 4. 4. It was contended that subsequently, though the petitioner, party in-person made a request to the respondents to comply with the aforesaid interim order, the name of the petitioner was not found in the order dated 17.05.2025 passed by the respondents continuing various persons including the aforesaid Sri.Vasanth Kumar and Smt.Naina Ashok Kamte as members but did not include the name of the petitioner in the said order. Under these circumstances, petitioner submitted representation dated 20.05.2025 requesting the respondents to consider her case for continuation of her tenure and also a representation dated 22.05.2025 to consider extension of the petitioner’s tenure in terms of the final order passed by the Apex court in Ganesh Kumar’s case supra. - 5 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 5. It is the grievance of the petitioner that vide impugned communications at Annexure-J dated 22.05.2025 and Annexure-K dated 27.05.2025, the respondents rejected the request of the petitioner and the 3 others viz., Smt.B.H.Yashoda and Sri.N.Kumar, to the post of members of the Chitradurga and Tumkur Districts Consumer Disputes Redressal Commission and Smt.H.M.Meena to the post of President of Davanagere District Consumer Disputes Redressal Commission respectively. Aggrieved by the impugned communications, petitioner is before this Court by way of the present petition. 6. Petitioner further contends that subsequently, vide order at Annexure-Q dated 19.06.2025, respondents have extended the tenure of the aforesaid Smt.B.H.Yashoda and Sri.N.Kumar in view of the judgment of the Apex Court in Ganesh Kumar’s case supra and in the said order dated 19.06.2025, the respondents have extended the tenure of six other identically / similarly situated persons. It is contended that apart from the fact that the judgment of the Apex Court in Ganesh Kumar’s case supra, enures to the benefit of the petitioner also, the respondents having applied the said judgment to other identically / similarly situated persons by - 6 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 continuing their tenure, in particular, Smt.B.H.Yashoda and Sri.N.Kumar whose requests were earlier rejected vide impugned communication at Annexure-J dated 22.05.2025 which was subsequently modified by granting the aforesaid two persons and others extension in terms of Annexure-Q dated 19.06.2025 by applying the judgment of the Apex Court supra, the petitioner would be entitled to seek the benefit of parity and continuation of her tenure also on par with the aforesaid two persons and the representation submitted by the petitioner dated 14.07.2025 having not been considered by the respondents, petitioner is before this Court by way of the present petition. 7. Per contra, learned AGA would reiterate the various contentions urged in the statement of objections and submits that there is no merit in the petition and the same is liable to be dismissed. 8. A perusal of the material on record will indicate that as stated supra, the petitioner along with Sri.S.Vasanth Kumar and Smt.Naina Ashok Kamte approached this Court in W.P.No.7747/2025, in which there was an interim order dated 17.03.2025 continuing their services till the petition was ultimately - 7 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 disposed of by this Court vide final order dated 27.06.2025. Meanwhile, on 17.05.2025, the respondents issued Notification at Annexure-E continuing the tenure of 15 persons including the aforesaid Sri.S.Vasanth Kumar and Smt.Naina Ashok Kamte, who were co-petitioners along with the petitioner herein in W.P.No.7747/2025 referred to supra. It follows therefrom that by virtue of the doctrine of parity, the petitioner would be entitled to continuation of her tenure on par with her co-petitioners i.e., Sri.S.Vasanth Kumar and Smt.Naina Ashok Kamte. The aforesaid Notification at Annexure-E reads as under:- “ PÀ£ÁðlPÀ ¸ÀPÁðgÀ ¸ÀASÉå: E-DªÁ¸À 27 ¸À®¥sÀ PÀ£ÁðlPÀ ¸ÀPÁðgÀzÀ ¸ÀaªÁ®AiÀÄ «PÁ¸À ¸ËzsÀ qÁ: ©.Dgï. CA¨ÉÃqÀÌgï «Ã¢ü ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 17.05.2025. C¢ü¸ÀÆZÀ£É PÀ£ÁðlPÀ gÁdå UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjªÁgÀ DAiÉÆÃUÀzÀ CzsÀåPÀëgÀÄ/¸ÀzÀ¸ÀågÀÄ ªÀÄvÀÄÛ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀzÀ CzsÀåPÀëgÀÄ/¸ÀzÀ¸ÀågÀ £ÉêÀÄPÁwUÉ ¸ÀAA§A¢ü¹zÀAvÉ gÀa¸À¯ÁzÀ DAiÉÄÌ ¸À«ÄwAiÀÄ ¢£ÁAPÀ: 23.04.2025 gÀ ¸À¨sÉAiÀÄ wêÀiÁð£ÀzÀAvÉ, UÁæºÀPÀ ¸ÀAgÀPÀëuÁ ( gÁdå DAiÉÆÃUÀ ºÁUÀÆ f¯Áè DAiÉÆÃUÀUÀ¼À CzsÀåPÀëgÀ ºÁUÀÆ ¸ÀzÀ¸ÀågÀ £ÉêÀÄPÁwUÉ «zÁåºÀðvÉ, £ÉêÀÄPÁw PÀæªÀÄ, £ÉêÀÄPÁw «zsÁ£À, PÀbÉÃj ¸ÉêÁªÀ¢ü, ªÀeÁUÉƽ¸ÀÄ«PÉ) ¤AiÀĪÀÄUÀ¼ÀÄ, 2020 gÀ ¤AiÀĪÀÄ 10 gÀ£ÀéAiÀÄ gÁdå DAiÉÆÃUÀ ºÁUÀÆ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀUÀ¼À°è£À F PɼÀPÀAqÀ ¸ÀzÀ¸ÀågÀÄUÀ¼À PÁ°PÀ ¸ÉêÁªÀ¢üAiÀÄ£ÀÄß 2£Éà CªÀ¢üUÉ (4 ªÀµÀðUÀ¼ÀÄ CxÀªÁ 65 ªÀµÀð - 8 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 ªÀAiÀĸÀÄì ¥ÀÆtðUÉƼÀÄîªÀªÀgÉUÉ EzÀgÀ°è AiÀiÁªÀÅzÀÄ ªÉÆzÀ¯ÉÆà C°èAiÀĪÀgÉUÉ) ªÀÄgÀÄ £ÉêÀÄPÁjUÉƽ¹ DzÉò¹zÉ. PÀæªÀÄ ¸ÀASÉ å ¸ÀzÀ¸ÀågÀÄ ºÉ¸ÀgÀÄ ºÁUÀÆ PÁAiÀÄð¤ªÀð»¸ÀgÀÄwÛgÀĪÀ gÁdå/f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 1 ²æêÀÄw JA. ¢ªÀå²æÃ, ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, PÀ£ÁðlPÀ gÁdå UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 2. ²æêÀÄw ¥sÀ»Ãð£ï ¨ÉÃUÀA, ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, gÁAiÀÄZÀÆgÀÄ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 3. ²æÃ. J¸ï. ªÀ¸ÀAvÀPÀĪÀiÁgï ¸ÀzÀ¸ÀågÀÄ, ªÀÄAqÀå UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 4. ²æêÀÄw «±Á¯ÁQë CtÚ¥Àà ¨ÉÆüÀ¸ÉnÖ, ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, zsÁgÀªÁqÀ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 5. ²æêÀÄw ¸ÀÄeÁvÀ §¸ÀªÀgÁd PÉÆÃgÀ½î ¸ÀzÀ¸ÀågÀÄ, GqÀĦ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 6. ²æêÀÄw. £ÉÊ£Á C±ÉÆÃPÀ PÁªÀÄmÉ ¸ÀzÀ¸ÀågÀÄ, GvÀÛgÀ PÀ£ÀßqÀ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 7. PÀÄ: PÀ«vÁ ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀAiÀÄ, ©ÃzÀgï f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 8. ²æêÀÄw ªÀiÁ®w UÀÄgÀtÚ, ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, PÀ®§ÄgÀV f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 9. ²æà ¥Àæ¨sÀÄ°AUÀ¸Áé«Ä ZÀ£Àߧ¸ÀAiÀÄå »gÉêÀÄoï, ¸ÀzÀ¸ÀågÀÄ, zsÁgÀªÁqÀ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 10. ²æêÀÄw ¤ªÉâvÀ gÀ«Ã±ï, ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, vÀĪÀÄPÀÆgÀÄ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 11. ²æêÀÄw ±ÀgÁªÀw.J¸ï.JA ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ UÁæªÀiÁAvÀgÀ ºÁUÀÆ ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ 1£Éà C¥ÀgÀ f¯Áè DAiÉÆÃUÀ 12. ²æÃ. ¥Àæ¨sÀÄzÉêÀ ¥ÁnÃ¯ï ¸ÀzÀ¸ÀågÀÄ, gÁAiÀÄZÀÆgÀÄ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 13. ²æêÀÄw ªÀiÁ¯Áð ±À²PÀ® ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, §¼Áîj f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À - 9 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 PÀ£ÁðlPÀ gÁdå¥Á®gÀ DzÉñÁ£ÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è (J.f. «ÃuÁ) ¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð (DºÁgÀ-3 ªÀÄvÀÄÛ ¸ÀªÀÄ£ÀéAiÀÄ) DºÁgÀ, £ÁUÀjÃPÀ ¸ÀgÀ§gÁdÄ UÁæºÀPÀgÀ ªÀåªÀºÁgÀUÀ¼À ºÁUÀÆ PÁ£ÀÆ£ÀÄ ªÀiÁ¥À£À±Á¸ÀÛç, E¯ÁSÉ.” 9. As can be seen from the aforesaid Notification, not only the aforesaid Sri.S.Vasanth Kumar and Smt.Naina Ashok Kamte who were co-petitioners along with the petitioner in W.P.No.7747/2025 had been granted extention of tenure in their respective districts, but 13 others, all of them being identically / similarly situated to the petitioner had also been granted extension of tenure thereby indicating that the petitioners were also entitled to claim the benefit of extension by invocation / application of the doctrine / principal of parity in favour of the petitioner. 10. As stated supra, the aforesaid W.P.No.7747/2025 was subsequently finally disposed of vide final order dated 27.06.2025 taking into account that the Committee had recommended ¥ÀjºÁgÀ DAiÉÆÃUÀ 14. ²æêÀÄw «zÁå ¨Á§ÄgÁªï ªÀÄÄvÁ°Pï zÉøÁ¬Ä, ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, «dAiÀÄ¥ÀÄgÀ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ 15. PÀÄ. gÉÃtÄPÁzÉë zÉñÀ¥ÁAqÉ ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ f¯Áè UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ - 10 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 Sri.S.Vasanth Kumar (petitioner No.1 in the said petition) and Smt.Naina Ashok Kamte (petitioner No.3 in the said petition ) for re- appointment and accordingly, the petition was disposed of as hereunder:- This Court, on 17.03.2025, passed the following interim order: Office objections are kept open. Learned Additional Government Advocate is directed to accept notice for respondent Nos.1 to 3. Since it is stated by the petitioners that none of them have completed second term in office as members of the Consumer Disputes Redressal Commission and in view of the notification dated 15.09.2022 issued by the Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs), the petitioners are prima facie entitled for re-appointment for another term of four years. In that view of the matter, interim relief as sought for is granted till the next date of hearing. List this petition on 03.04.2025.” 2. Even, in one of the disposed of matters, in W.P.No.6232/2025 disposed of on 03.03.2025, this Court directed the respondents to continue the services of the petitioner till the Selection Committee makes appropriate recommendation regarding the continuance of the petitioners as members of various District Forums in Karnataka. 3. In this writ petition, after the interim order passed by this Court and considering the order passed in W.P.No.6232/2025 disposed of on 03.03.2025, placed the matter before the Committee. In respect of petitioner Nos. 1 and 3 are concerned, the Committee has recommended them for re-appointment. But, in respect of petitioner No.2 is concerned, the Committee rejected the representation for re- - 11 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 appointment on the assessment of the materials placed before the Committee. 4. Therefore, in reselect of petitioner Nos. 1 and 3 are concerned, they have already been re-appointed. The prayer sought for by them does not survive for consideration. 5. In respect of the second petitioner is concerned, in view of the Committee’s decision, which has been placed on record by the learned AGA, along with the memo, the direction sought for by the petitioner cannot be granted since her representation had already been rejected. Therefore, there cannot be any direction to consider her representation. Therefore, in so far as petitioner No.2 is concerned, the petition stands disposed of reserving liberty to her to challenge the rejection of her representation before the competent authority, in accordance with law, if law permits. 6. With the above observations the writ petition stands disposed of.” 11. As can be seen from the aforesaid order, since the request of the petitioner had been rejected by the respondents vide impugned Endorsements at Annexures-J and K dated 22.05.2025 and 27.05.2025, this Court disposed of the said petitions insofar as the petitioner was concerned, by reserving liberty to challenge the said orders and Endorsements, which accordingly have been assailed in the present petition. - 12 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 12. Meanwhile, the Apex Court in GaneshKumar’s case supra, issued various guidelines including directing that Presidents and Members who have been appointed and serving prior to 03.03.2023 (Limaye – I) shall be allowed to complete their tenure in entirety and in the event, their tenure had ended before completion of the recruitment process (by the respondents herein) under the New Rules to be notified (by the respondents herein), their appointment shall be allowed to continue until completion of the said recruitment process. The said judgment of the Apex Court reads as under:- “ Directions 102. In view of the aforesaid discussion, we deem it fit to pass the following directions, in exercise of the powers conferred under Article 142 of the Constitution: 1) The Union of India is directed to file an affidavit on the feasibility of a permanent adjudicatory forum for consumer disputes, either in the form of a Consumer Tribunal or a Consumer Court, within a period of 3 months from today, on the touchstone of the constitutional mandate. Such a forum shall consist of permanent Members, including both staff and the Presiding Officers. The Union of India may also consider facilitating sitting Judges to head the fora. The strength may be increased adequately. - 13 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 2) In view of the submission made on behalf of the Union of India, we direct the Union of to notify the new Rules within a period of 4 months from the date of this judgment, strictly adhering to the following: a. The earlier view of this Court in Rojer Mathew(supra), MBA-III (Supra) and MBA-IV (Supra), with respect to the tenure of office being five years, being both logical and necessary, must be incorporated in the new Rules to be notified. b) The composition of the selection committee shall be such that the Members from the judiciary must constitute the majority. To achieve the same, the selection committee shall comprise two Members from the judiciary, one of whom shall be the Chairperson, and the third Member from the executive, all of whom shall have voting rights. However, this shall not preclude the Secretary concerned from being an ex officio member of the selection committee, without voting rights. The proposal made by the Union of India qua Rule 6(1) of the 2020 Rules, may be accordingly modified. c) No written examination, followed by a viva voce, shall be required for appointment and reappointment to the posts of President of the State Commission, Judicial Members of the State Commission and President of the District Commission. d) A written examination followed by a viva voce shall be required only for appointment and reappointment to - 14 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 the posts of non-judicial Members of the State Commission and Members of the District Commission. e) The written examination for appointments to the State and District Commissions shall be conducted in consultation with the respective State Service Commissions. f) The proposal made by the Union of India qua Rule 4(1) of the 2020 Rules, as recorded by us in para 74 of this judgment, that the qualification for appointment to the post of President of the District Commission, shall be restricted to either a serving or a retired District Judge, stands accepted. 3. Upon notification of the new Rules by the Union of India, all the States are directed to complete the process of recruitment under the same, within a period of 4 months from the date of the notification of the said Rules. 4. As regards the status of appointment to the posts of Presidents and Members of the State and District Commissions, we are pleased to issue the following directions: Summary of the reliefs Category of persons Relief 1. Persons appointed as Members of the State Commission and Presidents and Members of the District Commission in the State of Maharashtra, vide Order dated 5- 10-2023 pursuant to the written examination and viva voce. They shall be allowed to complete their tenure in entirety. In the event of their tenure ending before the completion of the recruitment process under the new rules to be notified, their appointment shall be - 15 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 allowed to continue until the completion of the said recruitment process. 2. Persons seeking reappointment in the State of Maharashtra, after their services had been terminated vide Order dated 6- 10-2023. They can be considered for reappointment in the State and District Commissions, based on the new rules to be notified, subject to the condition that persons seeking reappointment to the posts of President and Judicial Members of the State Commission and President of the District Commission, shall not be required to undergo a written examination followed by a viva voce, while non- judicial Members of the State and District Commissions, shall be required to undergo a written examination followed by a viva voce. The writ petitions pending before the High Court of Bombay challenging the said termination Order of the State of Maharashtra dated 6-10-2023, will have to be decided in terms of this judgment and larger principles of law. 3. Presidents and Members of the State and District Commissions who have been appointed and serving prior to Limaye (1) [Ministry of Consumer Affairs v. Mahindra Bhaskar Limaye, (2025) 9 SCC 624 : 2023 SCC OnLine SC 231] . They shall be allowed to complete their tenure in entirety. In the event of their tenure ending before the completion of the recruitment process under the new rules to be notified, their appointment shall be - 16 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 allowed to continue until the completion of the said recruitment process. 4. Presidents of the State and District Commissions, and the Judicial Members of the State Commission, in other States, with/without having given the written examination followed by a viva voce. (a) Those who are appointed and serving shall be allowed to complete their tenure in entirety. In the event of their tenure ending before the completion of the recruitment process under the new rules to be notified, their appointment shall be allowed to continue until the completion of the said recruitment process. (b) Those who have been selected, but not appointed, on account of the States concerned having stayed the appointment process during the pendency of these appeals, shall be appointed to the respective post, and shall be allowed to continue in office till the entirety of their tenure. 5. Persons who are selected to the posts of non-judicial Members of the State Commission and Members of the District Commission, without having undergone a written examination followed by a viva voce. (a) If already appointed and serving: (i) In case the selection process had been completed prior to the decision of this Court in Limaye (1) such persons shall be entitled to complete their tenure in entirety. In the event of their tenure ending before the completion of the - 17 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 recruitment process under the new rules to be notified, their appointment shall be allowed to continue until the completion of the said recruitment process. (ii) In case the selection process has been completed post the decision of this Court in Limaye such persons shall be entitled to continue in their respective posts till the completion of the recruitment process under the new rules to be notified. (b) If selected but not appointed, such persons shall not be entitled to be appointed. 6. Non-judicial Members of the State Commission and the Members of the District Commission, who have given the written examination and viva voce. (a) If already appointed and serving, they shall be allowed to continue in service for the entirety of their tenure. In the event of their tenure ending before the completion of the recruitment process under the new rules to be notified, their appointment shall be allowed to continue untilt he completion of the said recruitment process. (b) If selected, but not appointed, on account of the State having - 18 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 stayed the appointment process during the pendency of these appeals, such persons shall be appointed to the respective posts, and shall be allowed to continue in office for the entirely of their tenure. 7. Persons seeking reappointment in other States after termination of their services. They can be considered for reappointment in the State and District Commissions, based on the new rules to be notified, subject to the condition that persons seeking reappointment to the posts of President and Judicial Members of the State Commission and President of the District Commission, shall not be required to undergo a written examination followed by a viva voce, while non- judicial Members of the State and District Commissions, shall be required to undergo a written examination followed by a viva voce. We make it clear that for all those appointments which have been allowed to continue vide this judgment, the tenure shall be a period of 4 years. Such persons shall not be entitled to claim the benefit of this judgment qua a five- year tenure, subject to the directions issued hereinabove. We also make it clear that this judgment shall apply - 19 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 prospectively, except to the extent indicated in the directions hereinabove. 103. Review Petition (Civil) No. 1313 of 2024 in Civil Appeal No. 831 of 2023, Review Petition (Civil) 1315 of 2024 in Civil Appeal No. 833 of 2023 and Review Petition (Civil) 1314 of 2024 in Civil Appeal No. 832 of 2023 are allowed in the aforesaid terms. Civil Appeals Nos. 10029 and 9964 of 2024 are allowed. Civil Appeals Nos. 9982, 9987, 9983-85, 9990 and 9965-67 of 2024 are partly allowed, and Civil Appeals Nos. 9988 and 9989 of 2024 stand dismissed. The intervention applications, not already disposed of by us, stand disposed of in the aforesaid terms. Pending applications, if any, shall also stand disposed of.” 13. In pursuance of the aforesaid order and directions of the Apex Court, the respondents issued the impugned communication at Annexure-J dated 22.05.2025 declining / refusing to grant continuation / re-appointment to the petitioner herein, Smt.B.H.Yashoda, Sri.N.Kumar and Smt.H.N.Meena. It is also an undisputed fact that the aforesaid 3 persons did not approach this Court by way of a writ petition. However, subsequently, vide Order at Annexure-Q dated 19.06.2025, the respondents granted re- appointment / continuation of tenure in favour of the aforesaid Smt.B.H.Yashoda and Sri.N.Kumar along with six other identically / similarly situated persons as hereunder:- - 20 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 “ PÀ£ÁðlPÀ gÁdå UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ §¸ÀªÀ ¨sÀªÀ£À, ºÉÊUËæAqïì, ¨ÉAUÀ¼ÀÆgÀÄ – 560 001. ¸ÀASÉå: PÀgÁD/DqÀ½vÀ/02/2025 ¢£ÁAPÀ: 19.06.2025. EªÀjUÉ, ¸ÀPÁðgÀzÀ PÁAiÀÄðzÀ²ðUÀ¼ÀÄ, DºÁgÀ, £ÁUÀjÃPÀ ¸ÀgÀ§gÁdÄ, UÁæºÀPÀgÀ ªÀåªÀºÁgÀUÀ¼ÀÄ ªÀÄvÀÄÛ PÁ£ÀÆ£ÀÄ ªÀiÁ¥À£À±Á¸ÀÛç E¯ÁSÉ, «PÁ¸À ¸ËzsÀ, ¨ÉAUÀ¼ÀÆgÀÄ – 560 001. ªÀiÁ£ÀågÉÃ, «µÀAiÀÄ: ªÀiÁ£Àå ¸ÀªÉÇÃðZÀÑ £ÁåAiÀiÁ®AiÀĪÀÅ ¹«¯ï C¦Ã¯ï ¸ÀASÉå: 9982/2024gÀ°è ¤ÃrgÀĪÀ wæð£À C£ÀéAiÀÄ ¸ÀPÁðgÀªÀÅ ºÉƸÀzÁV £ÉêÀÄPÁw ªÀiÁqÀĪÀªÀgÉUÉ ¸ÉêÉAiÀÄ£ÀÄß ªÀÄÄAzÀĪÀj¸ÀĪÀAvÉ PÉÆÃj f¯Áè DAiÉÆÃUÀzÀ CzsÀåPÀëgÀÄ ºÁUÀÆ ¸ÀzÀ¸ÀågÀÄUÀ¼ÀÄ ¸À°è¹gÀĪÀ ªÀÄ£À«UÀ¼À£ÀÄß PÀ¼ÀÄ»¹PÉÆqÀÄwÛgÀĪÀ §UÉÎ. G¯ÉèÃR: 1. ²æ. F±À¥Àà PÀgÀ§¸À¥Àà ¨sÀÆvÉ, CzsÀåPÀëgÀÄ, ºÁªÉÃj f¯Áè DAiÉÆÃUÀ, C.PÀ.ªÉÄà zsÁgÀªÁqÀ f¯Áè DAiÉÆÃUÀ, EªÀgÀ ªÀÄ£À« ¢£ÁAPÀ: 06.06.2025. 2. ²æÃ.PÉ.©. ¸ÀAUÀtÚ£ÀªÀgÀ, »A¢£À £ÁåAiÀiÁAUÀ ¸ÀzÀ¸ÀågÀÄ, gÁdå DAiÉÆÃUÀ EªÀgÀ ªÀÄ£À« ¢£ÁAPÀ: 30.05.2025. 3. ²Ã. zÉêÉÃAzÀæ¥Àà AiÀĪÀÄ£À¥Àà §¸Á¥ÀÄgÀ, »A¢£À CzsÀåPÀëgÀÄ, UÀzÀUÀ f¯Áè DAiÉÆÃUÀ, EªÀgÀ ªÀÄ£À« ¢£ÁAPÀ: 31.05.2025. 4. ²æêÀÄw. ©.JZï. AiÀıÉÆÃzsÀ, ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, avÀæzÀÄUÀð f¯Áè DAiÉÆÃUÀ, EªÀgÀ ªÀÄ£À« ¢£ÁAPÀ: 26.05.2025 (ªÀiÁ£Àå PÀ£ÁðlPÀ GZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ ¥ÀvÀæ ¸ÀASÉå: HCRB 3/2024 (CDRCS) ¢£ÁAPÀ: 02.06.2025 gÀ ªÀÄÆ®PÀ) 5. ²æÃ. PÀĪÀiÁgÀ.J£ï. ¸ÀzÀ¸ÀågÀÄ, vÀĪÀÄPÀÆgÀÄ f¯Áè DAiÉÆÃUÀ, ¥Àæ¸ÀÄÛvÀ ¥Àæ¨sÁgÀ CzsÀåPÀëgÀÄ, aPÀ̧¼Áî¥ÀÄgÀ f¯Áè DAiÉÆÃUÀ, EªÀgÀ ªÀÄ£À« ¢£ÁAPÀ: 23.05.2025 (ªÀiÁ£Àå PÀ£ÁðlPÀ GZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ ¥ÀvÀæ ¸ÀASÉå: HCRB 3/2024 (CDRCS) ¢£ÁAPÀ: 03.06.2025 gÀ ªÀÄÆ®PÀ) 6. ²æÃ. JZï.J£ï. ²æä¢ü, ¸ÀzÀ¸ÀågÀÄ, ZÁªÀÄgÁd£ÀUÀgÀ f¯Áè DAiÉÆÃUÀ, EªÀgÀ ªÀÄ£À« ¢£ÁAPÀ: 30.05.2025. 7. ²æÃ. J£ï. Dgï. ZÉ£ÀßPÉñÀªÀ, CzsÀåPÀëgÀÄ, aPÀ̪ÀÄUÀ¼ÀÆgÀÄ f¯Áè DAiÉÆÃUÀ, EªÀgÀ ªÀÄ£À« ¢£ÁAPÀ: 30.05.2025. - 21 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 8. ²æêÀÄw. ®°vÀ JA.PÉ. ªÀÄ»¼Á ¸ÀzÀ¸ÀågÀÄ, ªÉÄʸÀÆgÀÄ f¯Áè DAiÉÆÃUÀ, EªÀgÀ ªÀÄ£À« ¢£ÁAPÀ: 30.05.2025. ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, ªÀiÁ£Àå ¸ÀªÉÇÃðZÀÑ £ÁåAiÀiÁ®AiÀĪÀÅ ¹«¯ï C¦Ã¯ï ¸ÀASÉå: 9982/2024 gÀ°è ¤ÃrgÀĪÀ wæð£À C£ÀéAiÀÄ ¸ÀPÁðgÀªÀÅ ºÀÄzÉÝUÀ¼À£ÀÄß ºÉƸÀzÁV £ÉêÀÄPÁw ªÀiÁqÀĪÀªÀgÉUÉ ¸ÉêÉAiÀÄ£ÀÄß ªÀÄÄAzÀĪÀgɸÀĪÀAvÉ PÉÆÃj ¸À°è¸À¯ÁVgÀĪÀ G¯ÉèÃTvÀ ªÀÄ£À«UÀ¼À£ÀÄß ªÀÄÄA¢£À ¸ÀÆPÀæ PÀæªÀÄUÀ¼À£ÀÄß PÀ¼ÀÄ»¹PÉÆqÀ®Ä ªÀiÁ£Àå DzÀåPÀëjAzÀ ¤zÉÃð²¸À®ànÖgÀÄvÉÛãÉ. vÀªÀÄä «±Áé¹, (ªÀÄ°èPÁdÄð£À F±ÀégÀ¥Àà PÀªÀÄvÀV) jf¸ÁÖçgï ªÀÄvÀÄÛ DqÀ½vÁ¢üPÁjUÀ¼ÀÄ, PÀ£ÁðlPÀ gÁdå UÁæºÀPÀgÀ ªÁådåUÀ¼À ¥ÀjºÁgÀ DAiÉÆÃUÀ, §¸ÀªÀ ¨sÀªÀ£À, ¨ÉAUÀ¼ÀÆgÀÄ.” 14. As is clear from the aforesaid order at Annexure-Q, the respondents have come to the conclusion that the direction issued by the Apex Court in GaneshKumar’s case supra, would be applicable to the persons mentioned in the aforesaid order dated 19.06.2025 including Smt.B.H.Yahoda and Sri.N.Kumar whose request was earlier rejected vide impugned order at Annexure-J dated 22.05.2025 and that the respondents had specifically applied the said judgment of the Apex court in GaneshKumar’s case supra, in favour of not only the said two persons i.e., Smt.B.H..Yashoda and Sri.N.Kumar, but also to six other identically / similarly situated persons by specifically / expressly referring to - 22 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 and applying the judgment of the Apex Court in GaneshKumar’s case supra.. Under these circumstances, I am of the considered opinion that having specifically / expressly invoked, applied and extended the benefit of continuation / re-appointment in favour of Smt.B.H.Yashoda and Sri.N.Kumar, who were rejected along with the petitioner in the impugned order at Annexure-J dated 22.05.2025, I am of the view the respondents are clearly not justified in extending the same benefit in favour of the petitioner, who would be entitled to seek continuation / reappointment in terms of the aforesaid judgment of the Apex Court. 15. A perusal of the directions of the Apex Court in GaneshKumar’s case supra, in particular, Sl.No.6 of the summary of the reliefs will clearly indicate that the Apex Court has directed in the event of the tenure of non-judicial members having ended before completion of the recruitment process under the new Rules to be notified by the respondents, their appointment shall be allowed to continue until competition of the said recruitment process. In the instant case, it is an undisputed fact that new Rules of recruitment have yet been notified by the respondents, much less, the recruitment process which has not even commenced and - 23 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 having not been completed, I am of the considered opinion that by virtue of the judgment of the Apex Court in GaneshKumar’s case supra, the appointment of the petitioner is to be allowed to continued until completion of the recruitment process which has not been even commenced as on today and consequently, the impugned Endorsement at Annexures-J and K insofar as they relate to the petitioner herein deserve to be quashed and the present petition deserves to be disposed of by issuing certain directions to the respondents. 16. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order at Annexure-K dated 27.05.2025 passed by the 3rd respondent is hereby quashed. (iii) The concerned respondents are hereby directed to extend / re-appoint / continue the services of the petitioner as Member of the District Consumer Disputes Redressal Commission, Shivamogga, and issue appointment order in favour of the petitioner on the same terms and conditions as enumerated in the - 24 - HC-KAR NC: 2026:KHC:19424 WP No. 21498 of 2025 order at Annexure-Q dated 19.06.2025 immediately upon receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 3 Sl No.: 4