Rajasthan High Court - Jaipur
Suo Moto vs State Of Raj And Ors on 1 May, 2018
Bench: Gopal Krishan Vyas, G R Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writs No. 10522/2015
Suo Moto
----Petitioner
Versus
State Of Raj And Ors
----Respondent
Connected With D.B. Civil Writs No. 10528/2015 Dr Ramkikanr Sharma
----Petitioner Versus Dy Secretary Ayurvedi
----Respondent For Petitioner(s) : Ms. Palak Saxena for Mr. Prateek Kashiwal For Respondent(s) : Mr. Kunal Jaiman HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS HON'BLE MR. JUSTICE G R MOOLCHANDANI Judgment / Order 01/05/2018 The instant writ petitions were registered upon taking cognizance suo motu by the coordinate bench of this Court on the basis of a report published on 16.7.2015 in the print media. The notices were issued to the State Government and the detailed order was passed on 3.8.2015, which reads as under:-
"A Division Bench of this Court had taken Suo Motu cognizance of the headless statutory panels in the State of Rajasthan for more than a year. The Rajasthan State Human Right Commission, Women Commission, Commission for Scheduled Castes and the State Commission for Protection of Child Rights, are without Chairperson for last several years. In the order dated 16.07.2015, this Court taking notice of the matter, directed the (2 of 6) [CW-10522/2015] notices to be issued to the Chief Secretary, Government of Rajasthan, returnable by two weeks, with further direction to file response/affidavit assigning reasons for delay in appointment. A copy of the order was directed to be sent to the Advocate General.
A copy has been served on the learned Advocate General. He is present in the Court and seeks time to give the status of the statutory Commissions, in the State of Rajasthan.
The State Commission for the Protection of Child Rights, Women Commission, Commission for Scheduled Castes and the State Human Right Commission, are statutory Commissions. The statutes providing for these Commissions the mandate of the will of the people. The appointments in these Commissions cannot wait at the discretion of the State Government. The statutes do not provide for, the discretion of the State Government, to keep the Commissions headless, for a long period of time, as these Commissions are provided with important public issues of examination, inspections, enquiries, collecting datas, hearing and preparing reports, to be laid before the State Government. The State Government has no discretion to frustrate the mandate of the Statutes, in keeping these Commissions non functional.
The Division Bench also noticed, in the order dated 16.07.2015, that the State of Rajasthan ranks third in terms of rate of crimes against the women. The women safety is a national issue. The headless Women Commission signifies the inaction of the State-respondents, to take any steps in the direction of protection of women in the State, and its apathy towards women's rights.
We do not propose to grant time to learned Advocate General to give the status of the Commissions, inasmuch as the status of these Commissions is very well known to the people, and has been highlighted by the Media.
On the request of learned Advocate General, the matter is fixed on 12.08.2015. On that date, we expect a statement from learned Advocate General, on the instructions of the State Government, to give the time period, within which Chairpersons will be appointed in these Commissions.
On the next date, learned Advocate General will also give the details of other (3 of 6) [CW-10522/2015] Commissions or Tribunals, which are lying vacant in the State and in which the Chairpersons or members are not appointed, inasmuch as the State Consumer Commission is also working without a Chairperson for a long periods of time.
If a positive statement is not given in the matter on the next date, the Court may presume that the State Government is not willing to fulfill the mandate of the Statutes constituting the Commissions, which serve the purpose of protection of women rights, child rights, human rights and the right of Schedule Castes, and does not care for good governance.
List on 12.08.2015."
On 1.10.2015, the Chief Secretary, Government of Rajasthan was directed to remain present with the written explanation indicating the efforts put in by the Government, the date from which the posts at the helm of affairs in respective commission/tribunals became vacant and also after cognizance being taken by this Court suo motu on 16.7.2015 by the State Government.
In compliance of aforesaid order, the then Chief Secretary appeared before the Court and filed reply on behalf of the State. The coordinate Bench after taking note of the reply filed by the State Government and the submissions made, directed the State Government to file additional affidavit indicating the list of total commissions/tribunals functioning with the Chairperson/Members and since when they are working and when they are going to demit office with advance copy to Mr. Prateek Kasliwal, Amicus Curaie.
Thereafter, time and again though compliance was made by the State Government, but it was not in its true spirit, therefore, on 8.3.2018 the court passed following order:
"As a last chance, the respondents are directed to appoint the persons where the appointment is not made, failing which, the petitioners will come (4 of 6) [CW-10522/2015] with the qualified people to each and every of the post and it will be open for the court to appoint those persons on the posts which are vacant.
List on 12th April, 2018."
Against the aforesaid order, the State Government preferred SLP bearing Nos.9467-9469/18 before the Hon'ble Supreme Court in which the Hon'ble Supreme Court passed an order on 11.4.2018, which also reads as under:
"Heard Mr. P.S. Narasimha, learned Additional Solicitor General for the petitioner- State.
Keeping in view the nature of the order passed on 8th March, 2018, by the High Court of Judicature for Rajasthan, Bench at Jaipur, we think it appropriate to request the High Court to finally decide D.B. Civil Writs Nos.10522 and 10528 of 2015 and direct the respondent No.1 and its functionaries to apprise the High Court with regard to the modality of filling up of vacancies in question.
The impugned order dated 8th March, 2018, shall not be given effect to.
The special leave petitions stand disposed of with no costs.
The interlocutory applications, if any, stand disposed of."
A bare perusal of the aforesaid order it is abundantly clear that the Hon'ble Apex Court stayed the order dated 8.3.2018 and requested the High Court to finally decide DB Civil Writ Petitions Nos.10522/2015 and 10528/20145 and further directed to State Government and its functionaries to apprise High Court with regard to the modality of filling up of vacancies in question.
In compliance of aforesaid direction, following submissions were made by the State of Rajasthan, which reads as under:
"1. That the abovenamed writ petition has been registered suomoto on perusal of the news item under the heading "Key Panels in Rajasthan (5 of 6) [CW-10522/2015] headless for a year". It is respectfully submitted that time to time Chairman and Members of various Tribunals/Commissions have been appointed and their websites have also been created and are in operation. In this regard, a chart containing updated details is submitted herewith and marked as ANNEXURE 'A'.
A perusal of the chart would show that in the "Commissions/Tribunals" function in the State, there are 94 posts of Chairpersons & Members. Presently out of 94 posts, appointments of Chairpersons/Members against 70 posts have been made and for remaining 24 posts, steps have already been taken and process for making appointment of Chairperson/Members is going on.
2. That is would be just and proper in the interest of justice that the facts stated hereinabove may kindly be taken on record. It is, therefore, prayed that the facts stated hereinabove may be taken on record and the writ petition may kindly be disposed of."
Upon perusal of the aforesaid submissions, submitted by affidavit of one Anil Kumar Gupta working on the post of Dy. Secretary, Cabinet, Government Secretariat, Jaipur, we are satisfied that out of 94 posts of Chairpersons and Members, the appointment of Chairperson/Members against 70 posts, have already been made and for remaining 24 posts, steps are taken by the State Government for which process is going on. During the course of arguments, learned counsel for the respondents submits that at present process for some of the appointments of Chairperson and Members is pending, for that too, process is going on.
In view of the above, we are satisfied that process is going on to fill up all the vacancies of Chairpersons/Members of the Tribunals and Commissions.
Therefore, both the instant writ petitions are hereby disposed of with the direction to the State Government to complete the (6 of 6) [CW-10522/2015] exercise of filling up all the vacancies expeditiously preferably within a period of three months.
(G R MOOLCHANDANI),J (GOPAL KRISHAN VYAS),J cpgoyal/ps