The Supreme Court on Thursday issued notice to the Centre on a plea seeking to do away with government control in the matter of appointment of chairperson and members of the National Commission for Minority Educational Institutions (NCMEI).
A bench of Justices L Nageswara Rao, Navin Sinha and Indu Malhotra issued notice on the plea filed by Jamiat-Ulama-I-Hind.
The bench, however, rejected the interim prayer for a direction to restrain the government from making any fresh appointments to vacancies likely to arise in the commission during the pendency of the plea.
The petition, filed through Advocate Wajeeh Shafiq, said that “since” the NCMEI “has been set up under an Act of Parliament, it is not a department of Government rather it is a full-fledged part of the Judicial System”.
Therefore, the plea said, it is expedient in the interest of maintenance of independence of the Judiciary that appointment of the Chairman and the members of the said Commission are done…on the recommendations of the Committee to be constituted by the Hon’ble Chief Justice of India till the constitution of the National Tribunals Commission which was recommended by a Constitution bench” of the court in a 2020 case.
The petitioner said it is “Seeking to protect the ‘Judicial Independence’ by maintaining ‘Judicial Dominance’ in the appointment of Chairperson and Members of the” NCMEI “constituted under Section 3 of the National Commission for Minority Educational Institutions Act, 2004”.