[Vacancies in National Commission for Minorities] Central govt response "completely unsatisfactory", fill up posts expeditiously: Delhi HC

The Delhi High Court on Monday opined that the vacancies in the National Commission for Minorities with respect to its Chairperson and members from Buddhist, Christian, Parsi, Sikh and Jain communities ought to be expeditiously filled by the Central government, in a time-bound manner. (Abhay Ratan Bauddh vs UOI)..A single-judge Bench of Justice Prathiba M Singh found the Central government affidavit in response to a petition to fill up the vacancies as 'completely unsatisfactory'. ."The admitted position is that out of six positions, five positions are vacant..the mere fact that the persons of eminence, ability and integrity have to appointed, would not mean that the said appointments would not be expeditiously filled/made. The vacancies ought to be expeditiously filled and there ought to be a proper timeline for the same," the Court said. .The Court accordingly granted a week's time to the Central government to file a report on the status of specific appointments along with timelines..In the affidavit filed before the Court, the Ministry of Minority Affairs, Government of India stated that the National Commission for Minorities Act, 1992 did not set out any timeline for the appointment of its members. .It was informed that due care and caution was being exercised by the authorities to fill up the vacancies. .Stating that she was "pretty surprised", the Court remarked, "..there have to be some steps given (in the affidavit). In effect, it says that the provisions don't require us to do it in a timeline.".The Court also expressed surprise at how the affidavit made it past lawyers. ."How did the affidavit (past post of lawyers)? Who saw this affidavit?" the Bench queried. .In response, Additional Solicitor General Chetan Sharma stated that the Central government will file a "better affidavit" as he agreed that appointments have to be made in a time-bound manner. .He added that the vacancies arose during the COVID-19 pandemic and that in spite of having only one member, the Commission was functioning efficiently. .Out of 1279 complaints, 815 were disposed of, ASG Sharma said. .The counsel for the petitioner, advocate Manan Aggarwal, reiterated that the National Commisson for Minorities should not function as a one-man body. .He contended that the Commission could not be said to be functional unless representation was not given to all communities. .The matter would be heard next on April 15.