The Delhi High Court criticised the Central Government Of India for failing to appoint the Chief Commissioner for Persons with Disabilities and the Chairperson of the National Trust for key disability welfare roles pending since 2019.
The Delhi High Court criticized the Central government for its failure to appoint officials to the positions of Chief Commissioner of Persons with Disabilities and Chairperson of the Board of National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities.
This issue was highlighted during the hearing of a Public Interest Litigation (PIL) petition filed in 2018.
Chief Justice Devendra Kumar Upadhyaya remarked ,
“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?”
The advocate representing the Central government argued that the delay was due to the search for suitable candidates.
He explained that the Secretary of the Department of Disability Affairs, under the Ministry of Social Justice and Empowerment, is currently handling the responsibilities of the vacant positions.
He added,
“It has been taken up for consideration. The government wanted a more appropriate person for the position. The 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.”
This explanation provoked strong criticism from the Court.
The Chief Justice asked,
“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?”
He further stated,
“The difficulty is that this is the mindset in which the entire petition has been taken by you.”
The Court expressed its hope that the Central government would take immediate action to fill the vacant positions.
The order read,
“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,”
Additionally, the Court instructed the Central government to submit an affidavit detailing its efforts to address the vacancies.
The case is scheduled for a follow-up hearing on April 9.
The PIL also raises significant concerns about the effective functioning of the Rehabilitation Council of India Act, 1992.
The Court previously pointed out that the law governing the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities requires the Central government to begin the appointment process for the Chairperson at least six months before the end of the term.
Advocates Shivanshu Bhardwaj and Raghuvansh Mishra represented the petitioner, while Central government Standing Counsel Monika Arora, along with advocates Subrodeep Saha, Prabhat Kumar, Anamika Thakur, and Abhinav Verma, appeared for the Union of India.
Case Title: Sanjay Verma and Anr Vs Union of India and Ors.
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