Delhi HC Pulls Up Govt on Unfilled Chairman, Member Posts in Minority Panel

New Delhi, April 27: Raising concerns over prolonged administrative inaction, the Delhi High Court has directed the city government to explain why key positions in the Delhi State Minorities Commission have remained unfilled for an extended period. The court emphasised that statutory provisions cannot be interpreted to justify indefinite delays in appointments.
A bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia observed that the phrase “as soon as may be” in the governing law cannot be used as a pretext for leaving crucial posts vacant indefinitely. It underlined that such delays undermine the functioning of statutory bodies meant to safeguard minority rights.
The court has instructed the Delhi Government to initiate the appointment process without further delay. Additionally, it has asked authorities to file a detailed affidavit outlining the reasons behind the inaction and specifying a clear timeline for filling the positions.
The directive came in response to a public interest litigation filed by Salek Chand Jain, who highlighted that the posts of chairman and members in the Commission have remained vacant since August 24, 2023. The petitioner argued that the absence of appointed officials has adversely impacted the Commission’s ability to function effectively.
Taking note of the submissions, the court issued a formal notice to the Government of National Capital Territory of Delhi (GNCTD). It directed that the affidavit be filed by a senior , not below the rank of principal secretary or additional chief secretary, ensuring accountability at the highest administrative level.
The bench remarked that the situation reflects a significant lapse, as the Commission has been without leadership and representation for a considerable duration. It stressed that such statutory bodies play a vital role in addressing grievances and ensuring the protection of minority communities.
The High Court’s intervention signals judicial concern over governance gaps and reiterates the need for timely appointments in public institutions. The matter is expected to come up for further hearing after the government submits its response, detailing the steps taken to resolve the issue and restore the Commission’s functioning.