High Court Issues Notice On PIL To Expeditiously Fill Vacant Posts Of Chairperson, Members In Delhi Commission For Protection Of Child Rights

The Delhi High Court on Tuesday issued notice on a public interest litigation (PIL) seeking expeditious filling up of the vacant position of Chairperson and Members in the Delhi Commission for Protection of Child Rights (DCPCR).

A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet PS Arora sought response of the Delhi Government, DCPCR and Union Government through Ministry of Women and Child Development.

The plea, moved by National Child Development Council, submits that the functioning of DCPCR has been severely affected since the tenure of Anurag Kundu (former Chairperson) came to an end on July 02 last year.

Advocate Robin Raju appearing for the petitioner Council submitted that keeping the post vacant for so long is a violation of clause 8(2) of the Delhi Commission for Protection of Child Rights Rules, which states that that a vacancy caused by death, resignation or any other reason shall be filled up by nomination within 90 days from the date of occurrence of such vacancy.

The counsel appearing for the authorities handed over to the court an office note stating that a proposal was made for inviting the applications for the vacant post and the file was marked to the concerned Minister on August 01 last year.

The court was further informed that the Minister concerned wrote on March 27 stating that since the Model Code of Conduct is in force, the advertisement cannot be issued.

However, the court was apprised that the Lieutenant Governor, VK Saxena, has made an interim arrangement in the meanwhile regarding the vacant post.

The petition submits that the Council wrote a representation to the Delhi Government on February 09 requesting to fill the post of DCPCR Chairperson, however, no response was received.

It adds that DCPCR s a statutory watchdog of the petitioner Council on matters of child rights and has also played a vital role in monitoring of the rights, reviewing safeguards, inquiring into violations and advising the government on policy formulation and amendments.

“That it is also pertinent to note that the apart from the fact that the Respondent no.2 has been functioning without a chairperson for more than 8 months now, the website of Respondent no.2 also shows that the body is functioning without even a member at present,” the plea adds.

It further refers to various news reports published by the Times of India and Indian Express about the vacant position of the DCPCR Chief.

The matter will now be heard on July 16.

The plea has been filed through Advocates Robin Raju, Alpha Phiris Dayal and Aanchal Bumb.

Title: National Child Development Council Government of NCT of Delhi & Ors.