The Court opined that filling up of vacancies would ensure that the Commission functions efficiently and is able to achieve its objectives.
Aditi Singh
The Delhi High Court has ordered the Central government to nominate members to fill up vacant posts at the National Commission for Minorities before July 31 (Abhay Ratan Bauddh vs UOI).
Order to this effect was passed by a single-judge Bench of Justice Prathiba M Singh who opined that filling up of vacancies would ensure that the Commission functions efficiently and is able to achieve its objectives.
The Court had first given a deadline of July 15 to the Central government.
However, at the request made by the Additional Solicitor General Chetan Sharma, the Court granted some more time to Centre to complete the nomination process.
ASG Sharma's request to the Court to instead direct the Central government to "endeavour to nominate" was turned down.
"Not an endeavour, you will have to do it. If you fill 3 out of 5..Some bona fides have to shown," the Court said.
The order was passed in a petition preferred by one Abhay Ratan Bauddhl, seeking directions to the Centre to fill up the vacancies.
The petition highlighted that the Commission was functioning with Vice-Chairperson, while posts of Chairperson and members from Buddhist, Christian, Parsi, Sikh and Jain communities were vacant
The Court recorded that as per Central government, the Commission was functioning smoothly and the Vice-Chairperson was being assisted by 5-6 other officers.
It was further stated by the Central government that the vacancies could not be filled up in view of the implementation of the Model C ode of Conduct in some States due to Assembly Elections and the ongoing pandemic.
The Centre said that keeping in view the variables, the nomination would take 90 days.
On an earlier occasion, the Court had stated that Central government's response to the petition was 'completely unsatisfactory'.
In its affidavit filed before the Court, the Ministry of Minority Affairs, Government of India had first stated that the National Commission for Minorities Act, 1992 did not set out any timeline for the appointment of its members.
ASG Sharma had then said that Central government would file a "better affidavit" in the matter while agreeing that appointments had to be made in a time-bound manner.
The matter would be taken up next in August for the purposes of compliance.
Advocate Manan Aggarwal appeared for petitioner. Advocate Jivesh Kumar appeared with ASG Sharma for the government.
SOURCE ; .barandbench.
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