'Functioning Impacted': Delhi HC Orders Appointment Of Full-Time Chairperson & CEO For National Trust Of Persons With Intellectual Disabilities

A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed that vesting of the said positions as additional charge would "certainly impact" the working of the said institution.

The Court was hearing a petition filed in 2018, inter alia seeking a direction to Union of India to appoint full time Chairperson and CEO to the National Trust in accordance with National Trust Act, 1999.

The Petitioner submitted that the post of Chairperson has been lying vacant since 2014.

The counsel for the Respondent on the other hand submitted that additional charge of the post has been given to Secretary, Department for Empowering Persons with Disabilities. It was also submitted that 6 advertisements were issued to fill up the post regularly, however, the process did not fructify for one reason or the other.

So far as the CEO is concerned, the Respondent submitted that the erstwhile CEO vacated office on February 28, 2022 whereafter, additional charge has been given to the Deputy Director General, Department for Empowering Persons with Disabilities.

The Petitioner then informed the Court that the Act contemplates a National Trust and Monitoring Committees at both State and District level. However, at the district level, only District Magistrate is running the Committee, which is implausible inasmuch as the Act contemplates appointment of persons with experience in dealing with such persons.

He added that the Act contemplates appointment of Guardians for persons with intellectual disabilities, who are required to give quarterly reports to the local level committees, which is under the supervision of the National Trust. However, that is also not complied with.

Accordingly, the Court ordered that Respondent to a file status report, disclosing the constitution of local level committees in all the districts of India.

It is also directed to indicate whether the guardians appointed under the Act have been filing their quarterly reports. The said information has to be filed in a tabulated form for each district.

The matter will next be heard on 30 August.

Case Title: Anil Upendra Joshi & Anr. v. Secretary, Ministry of Social Justice & Empowerment

Case No.: W.P.(C) 13594/2018