The Delhi High Court has pulled up the Centre for failing to fill vacancies in the National Commission for Minority Educational Institutions (NCMEI), observing that the absence of a statutory timeline cannot justify inaction for over two years. The court directed the Ministry of Education to file an affidavit outlining the steps taken to appoint a chairperson and members to the commission and specifying the expected timeframe for completing the process.
A bench comprising Chief Justice D K Upadhyaya and Justice Tejasvi Karia was hearing a petition seeking directions to fill the vacant posts in the NCMEI. The court noted that while the NCMEI Act does not prescribe a specific period for such appointments, the prolonged delay—despite the commission currently functioning with just one member—is contrary to the legislative intent.
“Because the Act does not provide for a timeline, you will keep on functioning with just one member?” the bench asked the Centre’s counsel.
The post of chairperson has been vacant since September 2023, and other member posts have also remained unfilled. The commission, which is responsible for protecting the rights of minority-run educational institutions, is statutorily mandated to comprise a chairperson and three members.
Rejecting the Centre’s argument that the absence of a timeline in the NCMEI Act precludes the issuance of a mandamus, the bench said:
“To plead that the Act does not prescribe a timeline to fill a vacancy and therefore, a mandamus cannot be issued is highly misconceived and unsustainable.”
The Ministry of Education’s Department of Higher Education had argued that the functioning of the commission has not been impeded due to the vacancies, and since the Act does not mention any deadline for appointments, the court could not compel action.
The court, however, held that such a reading would render the law “otiose” and would go against its purpose.
“The legislative mandate cannot be permitted to be rendered otiose by taking the refuge that the law does not have any timeline to fill the vacancies.”
The court emphasised that the NCMEI discharges judicial, administrative and advisory responsibilities. Among its key functions is acting as the appellate forum in cases concerning the grant of minority status and approval for establishing minority educational institutions.
“The commission is established by a parliamentary enactment to fulfil the fundamental rights under Article 30 of the Constitution,” the court said, adding that such a role demands a fully functioning body.
The bench has now directed the Ministry of Education to file an affidavit by the next hearing date, detailing:
- The steps taken to fill the vacancies since the date they arose
- The expected minimum period within which the appointments will be completed
The matter will be heard next on May 4, 2026.
