High CourtsDivision Bench(2006) 11 RAJ CK 0062

Shabana Farooqui (Smt.) vs The Union of India (UOI) and Others

Rajasthan High Court · Decided on 17 November 2006 · Citation: (2007) 2 RLW 1104

HON’BLE JUDGES
Vineet Kothari, J · Gyan Sudha Mishra, J
RESULT
Dismissed

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Judgment

4 paragraphs · 279 words

Gyan Sudha Misra, J.—This writ petition has been filed by the petitioner - Smt. Shabana Farooqui challenging the amendment introduced in the Consumer Protection Act, 1986 by which the minimum age prescribed for Member of the Consumer Forum as 35 years.

2.

Since the petitioner is aged only 29 years, she would be ineligible to be appointed as a Member of the Consumer forum and this has been the reason to challenge the amendment.

3.

Nothing could be brought to our notice which could persuade us to accept the contention that the minimum age prescribed for a Member of the Consumer forum should not be 35 years and that it should be less. An amendment cannot be held to be ultra vires and unconstitutional merely because it does not suit the personal interest of a single individual as that of the petitioner in this matter and hence that alone cannot be a reason to set it aside. If the Legislature in its wisdom thought it appropriate that the minimum age for a member of the Consumer Forum should not be less than 35 years, that obviously has been done for a specific purpose and object that the person to be appointed a member should attain sufficient maturity and age of discretion before he or she adjudicates upon a particular issue and dispute. The prescription of minimum age for appointment to a particular post is a well accepted norm assailed merely on the ground that the person is fit enough to discharge that function even at a lesser age.

4.

We thus see no ground to entertain this writ petition and hence, it stands dismissed at the admission stage itself.