“Such apathy!": Delhi High Court pulls up Centre for not filling key vacancies in welfare bodies for 7 years

The Delhi High Court on Friday criticised the Central government for not filling up the vacancies of the Chief Commissioner of Persons with Disabilities and the Chairperson of the Board of National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities [Sanjay Verma and Anr Vs Union of India and Ors.]..The Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia took note of the issue while hearing a 2018 Public Interest Litigation (PIL) petition.“Such apathy of the government in such causes. Such apathy! We are not impressed...Not having a chairperson of a body since 2019! This is all very painful. We don't approve of this. Why is the Act there?” Chief Justice said..The advocate representing the Centre stated that the delay was due to the government’s search for suitable candidates. He told the Court that the Secretary of the Department of Disability Affairs under the Ministry of Social Justice and Empowerment is holding the additional charge of the vacant positions in the meantime.“It has been taken up for consideration. Government wanted a more appropriate person for the position. Government wants the best person, it takes time. The highest authority of the government has been given the charge. Work is not suffering. Please grant us three months’ time. I was not justifying. Some things are beyond control. That is why it is taking time. Government has made the attempts; it has not fructified," he submitted.This reply drew sharp criticism from the Court. “You are inviting comments. Work is not suffering, that is why no appointment is made? Since someone is in additional charge, you will not appoint from 2019 to 2026? What is being argued by you, we cannot fathom. Can such an explanation be accepted? The more you speak, the more you will invite more comments. Are you showing your competence that a simple appointment has not been made in 7 years?” the Chief Justice asked..The Chief Justice added,“The difficulty is that this is the mindset in which the entire petition has been taken by you.” The Court proceeded to express hope in its order that the Central government will promptly fill the vacancies in focus."We refrain from making any observation in respect of the (government's) averments. However, we only hope and trust that adequate and speedy efforts shall be made by the respondent No.1 (Central government) to fill up the vacant positions at the earliest," the order said. The Court also directed the Centre to file an affidavit detailing its efforts to fill up the vacancies.The case is listed for hearing next on April 9. .The PIL before the Court also raises concerns regarding the proper functioning of the Rehabilitation Council of India Act, 1992.The Court previously noted that the law governing the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities casts a duty on the Central government to initiate the process of appointing the Chairperson at least six months prior to the expiry of the term of office. .Advocates Shivanshu Bhardwaj and Raghuvansh Mishra appeared for the petitioner.Central government Standing Counsel Monika Arora with advocates Subrodeep Saha, Prabhat Kumar, Anamika Thakur and Abhinav Verma appeared for the Union of India..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.