High Court Asks State Govt To Explain Delay In Appointing Members Of Maharashtra State SC & ST Commission

The Commission was constituted by a Government Resolution on 01 March, 2020. The role of the Commission is to study the current social, economic, educational and political conditions of Scheduled Castes and Scheduled Tribes and provide suggestions to the State government for their improvement. Additionally, the Commission can also investigate grievances raised by members from SC and ST communities.

The petitioner filed the Public Interest Litigation (PIL) due to the failure of the State government to appoint members to the Commission. As a result on non-appointment, the petitioner argued that the complaints raised by SC & ST communities are not being addressed.

The petitioner contended that the Chairman and other members of the Commission have not been appointed since 03 December, 2020.

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar heard the matter today and issued notice to the respondent-State.

The Court orally remarked that “It is the case of the petitioner that the Commission discharges important functions concerning members of Scheduled Castes and Scheduled Tribes. However, on account of vacancy of Chairman and members, the functions of the Commission are standing still”

It further remarked, “Around 877 complaints are pending, but on account of vacancy, the grievances of complainants is not being addressed.”

The Court directed the State to file an affidavit explaining the reasons for the vacancies of Chairman and members of the Commission. Further, it asked the State to provide the steps taken by it to appoint members to the Commission.

“The government pleader shall take instructions as to why the officer of Chairman and members is lying vacant since 03 December, 2020. And since then, what steps have been taken by the government to appoint members.”

Case title: Sagar Dnyaneshwar Shinde vs. Secretary Maharashtra State Commission And Ors (PIL/110/2024 [Civil])