Delhi HC Asks Delhi Govt To Respond To Plea For Expeditious Filling Of DCPCR Chairperson Post Vacancy

A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora issued notices to the Delhi government, Delhi Commission for Protection of Child Rights (DCPCR) and the Union Ministry of Women and Child Development on the petition and asked them to file their replies.

The court listed the matter for further hearing on July 16.

Petitioner National Child Development Council said DCPCR is functioning without a chairperson since July 2, 2023, and keeping the vacancy for so long is a clear violation of provisions of the Delhi Commission for Protection of Child Rights Rules.

"The functioning of DCPCR has been severely affected since the tenure of Anurag Kundu (former chairperson) came to an end on July 2, 2023 … Also, the website of DCPCR shows that the body is functioning without even a member at present. There are media reports on the sorry state of affairs ever since the tenure of the previous chairperson came to an end," the petition said.

Clause 8(2) of the Delhi Commission for Protection of Child Rights Rules states that a vacancy caused by death, resignation or any other reason shall be filled by nomination within 90 days from the date of occurrence of such vacancy, it said.

The counsel appearing for the Delhi government handed over to the high court an office note stating that a proposal was made for inviting applications for the vacant post and the file was marked to the minister concerned on August 1.

The high court was further informed that on March 27, the minister concerned wrote a letter stating that since the model code of conduct for the Lok Sabha was in force, the advertisement could not be issued.

The court orally observed, "If there is a will, there is a way. Will has to be there. Just imagine, from August to now nothing has happened."

The counsel appearing for the Lt Governor informed the high court that he made an interim arrangement, with the Women and Child Development department secretary functioning as DCPCR chairperson.

The petitioner submitted that it gave a representation to the Delhi government on February 9, requesting to fill the post of DCPCR chairperson. However, no response was received. 

In the alternative, the plea sought a direction to expeditiously consider the petitioner's representation.

The plea said DCPCR is a statutory watchdog of the petitioner on matters of child rights and has also played a vital role in monitoring of the rights, reviewing safeguards, inquiring into violations and advising the government on policy formulation and amendments.