Plea Filed In Apex Court Seeking Appointment To National Commission For Minority Educational Institutions Be Made By CJI-Appointed Committee. Court Issued Notice
(Judicial Quest News Network)
The Apex Court today issued a notice in a matter seeking the removal of government control over appointment of the Chairperson and members of the national Commission for Minority Educational Institutions.
A three Judges bench comprising of Justices L Nageshwar Rao, Navin Sinha and Indu Malhotra issued notice today.
The plea seeks to protect the “Judicial Independence” by maintaining ‘Judicial Dominance’ in appointment of Chairpersons and Members of the ‘National Commission for Minority Educational Institutions. ‘constituted under Section 3 of the national Commission for Minority Educational Institutions.
The petition is filed by Jamait-e-Ulema-e-Hind through AOR Mr. Wajeeh Shafiq.
The plea avers that since the Commission is formed under an Act of Parliament, it is not a government body, but a “full fledged part of the system.”
Primarily the petition has a bearing upon the history of tribunalization of judiciary in India. The plea therefore relies on national Commission for minority Educational Institutions Act, 2004 which was passed by the Parliament to constitute a National Commission for dealing with matters concerning minorities educational institution. It also relies on salaries and Allowances and conditions of service of Chairperson and Other Members Rules of 2006 made in furtherance of the Act.
As per the Section 3 of the Act, the Commission Shall Consist of a Chair person and Three Members. The Chairperson should have been a retired judge of a High Court, whereas, the member should be a person of eminence, ability and integrity.
It is further submitted that the ‘National Commission for Minority Educational Institutions’ is not amongst the 19 Tribunals, which are dealt with under the ‘Tribunal Appellate Tribunal and other Authorities [Qualification, Experience and other Conditions of Service of Members], Rules 2020’ Through the ‘National Commission for Minorities Educational Institutions’ also adjudicates upon intricate matters and a Quasi-judicial Tribunal enjoying all trapping of a Civil Court.
It is also submitted that the term of the two embers of the Commission is also coming to an end on 03-12-2020 and 06-12-2020, hence it is imperative to take a decision in that regards in a swift manner.
It is also submitted that the Tribunalisation of justice was done not because the courts were incapable of handling the matters but mainly because there were huge delays in setting matters.
It is prayed to direct the Respondent to appoint the members of the National Commission for Minority Educational Institutions in place of the outgoing members and all the future appointments/nominations to fill future vacancies in National Commission for Minority Educational Institutions, on recommendations of the Committee constituted by the Hon’ble the Chief Justice of India till the Constitution of the national Tribunal Commission.
