Vacant Posts At National Commission For Minorities: Delhi High Court Directs Central Govt. To Nominate Members By July 31

The Delhi High Court last week directed the Central Government to nominate members against all the vacant positions at the National Commission for Minorities by July 31.

"This shall ensure that the Commission functions efficiently and the purpose of the Commission as envisaged under the Act is also fully given effect to," remarked the Bench of Justice Prathiba M. Singh.

The Court was hearing a petition seeking directions for the expeditious filling up of vacancies at the National Commission For Minorities. The Petitioner sought directions for filling up vacant posts of Chairperson and members from the Buddhist, Christian, Parsi, Sikh, and Jain communities in the National Commission for Minorities.

The Court noted that out of seven positions, six positions were vacant, including the post of Chairperson and that there is only Vice Chairman from the Muslim community who is functioning in effect, at the Commission.

Importantly, the Delhi High Court had, last month, rapped the Central Government for an affidavit filed by it in the matter - which the court found to effectively be stating that "...the provisions don't require us to do it in a timeline."

The Court had also expressed its dissatisfaction with the submission of the Central Government that the Commission was functioning efficiently, even though it was being run by only one person.

Further, a fresh status report was filed by the Deputy Secretary, Ministry of Minority Affairs to submit that in view of the various State elections the Model Code of Conduct, as per the guidelines of the Election Commission of India, had also been announced due to which the appointments could not be made.

Thus, keeping in mind the Code and the pandemic situation, the Ministry of Minority Affairs sought three months' time to complete the nomination process to fill the vacancies in the Commission.

Directing to do the needful by July 31, the Court listed the matter for receiving a report of compliance on 12th August, 2021.

Case title - Abhay Ratan Bauddh v. Union Of India & Anr. [W.P.(C) 1985/2021]

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