NEW DELHI: The Delhi HC on Friday observed that even though the law does not prescribe a timeline, the posts of chairperson and members in the National Commission for Minority Educational Institutions cannot remain vacant since 2023.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia made the observation after the Government of India submitted that the court lacked the power to direct such appointments, as no timeline was specified in law.
The bench termed the Centre’s stand “highly misconceived”, “unsustainable” and “contrary to the legislative mandate” under the Act governing the commission.
Noting that the commission is currently functioning with just one member, the court directed the Ministry of Education to file an affidavit detailing the steps taken to fill the vacancies, along with a timeline for appointments.
“Please sensitise your officers… The vacancy in the office of the chairperson remains unfilled since September 2023. It is true that the Act does not prescribe any timeline… However, that does not mean that no steps shall be taken by the authorities for such a long period,” the court said.
The bench emphasised that the commission performs judicial, administrative and advisory functions, and the authorities’ stand could not be justified. “At present, the commission is working with only one member, whereas as per the Act, it comprises a chairperson and three members… to plead that no timeline exists and hence no mandamus can be issued is highly misconceived and unsustainable,” it added.
The ministry argued that while the law provides for the structure, qualifications, duties and powers of the commission, it remains silent on the timeframe for appointments after vacancies arise.
The court directed the Department of Higher Education to file an affidavit by May 4, the next date of hearing, specifying steps taken and the minimum time required to fill vacancies.
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