Delhi High Court stays Notification cutting short term of Ashok Sharma as non-official member of Backward Classes Commission

The Delhi High Court on Tuesday stayed a Delhi Government notification issued earlier this year, whereby the three-year term of a non-official member of the Backward Classes Commission at Delhi, Ashok Sharma was cut short to one year extendable up to three years (Ashok Sharma v. GNCTD and anr)..To this end, the order passed by Justice Navin Chawla reads,"In view of the submissions made, there would be a stay on the operation of the Impugned Corrigendum dated 01.06.2020/ 08.09.2020, till the next date of hearing.".The Commmission was constituted by an April 1993 notification following the Supreme Court's judgment in Indra Sawhney & Ors. v. Union of India & Ors. The notification sought to constitute a permanent body to entertain, examine and recommend requests for inclusion and complaints of over-inclusion and under-inclusion in the lists of Other Backward Classes (OBCs) of citizens..As per the 1993 notification, the Commission would comprise a Chairperson, a Chairman, two non-official members (who have special knowledge in matters relating to Backward Classes to be nominated by the Government) and the Financial Commission. .The Court was informed that Ashoke Sharma was appointed a non-official member on the Commission on January 9, 2019 for a three year period. However, through a notification issued on June 1 and a corrigendum issued on September 8 this year, Sharma's term was cut short. .The June notification is stated to have read:“The term of the Petitioner was on a part time basis and may be read as initially for a period of one year extendable upto three years from the date when he assumed charge instead for the period of three years.”.Sharma challenged the move before the Delhi High Court. Appearing for Sharma, Advocate Pallav Mongia contended that the petitioner's terms of service cannot be changed retrospectively. He argued that the notifications issued this year were contrary to the 1993 notification which had led to the constitution of the Commission. .He added that the notifications cutting short Sharma's tenure were discriminatory as the term for other persons appointed as non-official members continued to be three years. Further, it was also submitted that since the two notifications under challenge were not published in the Official Gazette, the same cannot be enforced. .On Tuesday, the High Court granted the petitioner interim relief, ordering a stay on the challenged notifications until 6 April, 2021, when the matter would be taken up next. .Along with Advocate Pallav Mongia, Advocates Ashutosh Bharadwaj, ratik Das, Shaurya Dhoundiyal and Sanju Gupta also represented the petitioner. .ASC Anupam Srivastava has accepted notice on behalf of the respondents in the matter. Advocate Divya Joshi also appeared for the respondents. .Read the Order: