NEW DELHI: The Delhi High Court on Friday said that vacancies for the posts of chairpersons and members in the National Commission for Minority Educational Institutions cannot be left unfilled from 2023, even though the law does not prescribe any deadline for such appointments.
Minority Educational Institutions Commission cannot have vacancies: Center to Delhi High CourtA bench of Chief Justice DK Upadhyay and Justice Tejas Kariya said the Centre’s position that the court has no power to order such appointments as there is no time limit for it in law is “grossly misconceived”, “unsustainable” and “contrary to the mandate of the Legislature on the National Commission for Minority Education Act”.
Noting that the commission, which works to protect the fundamental rights of minority institutions, is functioning with only one member, the bench asked the education ministry to file an affidavit detailing the steps taken to fill up the vacancies in the offices of chairman and members as well as the timeline for appointment.
“Please sensitize your officers. It’s been two and a half years. Because the law does not provide a timeline, you will continue to operate with only one member?” the bench asked the Centre’s counsel.
“The vacancy in the office of Chairperson of the Commission remains unfilled from September 2023. It is true that the law does not prescribe any time limit mandating the respondent to fill up the vacancy after the expiry of the term of Chairperson or Member. However, this does not mean that no action will be taken for such a long period,” the court observed.
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The court was dealing with a petition seeking direction to the Center to fill up the vacant posts of chairperson and members in the commission.
The Higher Education Department of the Ministry of Education responded that the existence of the vacancy did not impede the Commission’s activities.
It said that although the Act provides for the constitution and management of the Commission, including the qualifications, duties and powers of its chairperson and members, it is silent on the period of their appointment after a vacancy.
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The court noted that the Commission performs judicial, administrative as well as advisory functions and the authority’s position cannot be justified.
It asserted that the statutory mandate cannot be allowed to be “excessive” by taking the “refuge” that there is no time limit for filling up the vacancies in the Act.
“At present the commission is functioning with only one member, whereas as per law the commission has a chairman and three members,” the court observed.
“We direct that an affidavit be filed by the Higher Education Department by the next date of hearing, specifying the steps that may be taken to fill up the vacancies in the office of Chairperson and Members of the Commission from that date. It is also directed that the vacancies be filled up within a minimum period.”
It observed that the Commission acts as an appellate forum in respect of approval of establishment of a minority institution and decides on grant or cancellation of minority status to an institution.
“Thus, what we get from the duties and functions assigned to the Commission under the Act is that the Commission is established by an Act of Parliament to fulfill the fundamental rights under Article 30 of the Constitution of India.
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“In light of the said statutory role, mandate and duties and functions conferred on the Commission, the Act does not prescribe a time limit for filling up a vacancy and, therefore, an order cannot be issued is highly misconceived and unsustainable,” the court said.
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