Delhi HC seeks response from govt over vacant chairman, member posts in minority panel since 2023

New Delhi: The Delhi High Court has asked the city government to explain why vacancies in the posts of chairman and members in the Delhi State Minorities Commission have not been filled since 2023.

A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia observed that merely because the law stipulates that vacancies must be filled "as soon as may be", the posts cannot be "kept vacant perennially", and asked the authorities to initiate the appointment process.

It also directed the Delhi government to file an affidavit disclosing the steps taken and the timeline within which the vacancies in the Commission would be filled.


The court passed the order on April 22 on a public interest litigation filed by Salek Chand Jain.

The petitioner's counsel stated that since August 24, 2023, no one has been occupying the posts of chairman and members in the Commission.

Issuing a notice to the Delhi government on the petition, the court said, "We call upon the respondent, GNCTD, to file an affidavit to be sworn by an appropriate officer, who shall not be below the rank of principal secretary/additional chief secretary, to explain as to why the vacancies in the Commission have not been filled in since 24.08.2023."

"The averments made in the writ petition are to the effect that neither any member nor the chairperson has been appointed in the Commission from 24.08.2023 till date, which is quite a long period.

"Merely because sub-section (5) of Section 4 of the Act states that vacancy shall be filled 'as soon as may be' by the government, will not mean that the vacancy can be kept vacant perennially," it observed.

The court listed the matter for further hearing on August 12.