(Madan B. Lokur and Uday Umesh Lalit, JJ.)
Dalit Manavadhikar Kendra Samiti ______ Petitioner(s)
v.
State of Rajasthan & Ors. _______________ Respondent(s)
Writ Petition (Crl.) No. 122 of 2013, decided on November 6, 2015
The Order of the court was delivered by
Order
1. In this writ petition under Article 32 of the Constitution of India, the petitioner – Dalit Manavadhikar Kendra Samiti has prayed for several reliefs. The principal relief is for a writ of mandamus directing the State of Rajasthan to appoint a Secretary to the State Human Rights Commission (for short “the Commission”) in accordance with Section 21(3) of the Protection of Human Rights Act, 1993 (for short “the Act”) as well as to fill up all vacant sanctioned posts in the Commission in terms of paragraph 11 of the writ petition. In paragraph 11, it has been pointed out that a large number of posts of staff in various categories, totalling about 67, are lying vacant.
2. By an order dated 9th December, 2013, notice was issued to the respondents limited to this prayer only.
3. During the pendency of these proceedings, we were informed that apart from the fact that there is no or inadequate staff with the Commission, the Commission was without the services of the Chairman since 16th July, 2010. We were also given to understand that the Human Rights Courts have not been set up as required under Section 13 of the Act. We had recorded this in our order dated 18th September, 2015 and had directed the State of Rajasthan to let us know the progress by way of an affidavit.
4. Today, learned Additional Advocate General appearing for the State of Rajasthan says that for some reason the affidavit could not be filed, but he has handed over to us a Warrant of Appointment dated 20th October, 2015 issued by Shri Kalyan Singh, Governor of Rajasthan appointing Shri Prakash Tatia, retired Chief Justice of the Jharkhand High Court as the Chairperson of the Commission for a term of five years from the date on which he enters office or until he attains the age of seventy years, whichever is earlier. Learned Additional Advocate General says that retired Chief Justice Shri Prakash Tatia has accepted the appointment and to the best of his knowledge he has also entered upon his office.
5. The Warrant of Appointment is taken on record.
6. Learned Additional Advocate General has also handed over a notification dated 5th April, 2013 (in Hindi) to the effect that Human Rights Courts have been set up in every District of the State and the District and Sessions Judges have been designated as the District and Session Judges for their respective boundaries as Human Rights Courts.
7. This notification dated 5th April, 2013 (in Hindi) is also taken on record.
8. With regard to the staff shortage, learned Additional Advocate General has informed us that today there are 18 sanctioned posts that are lying vacant. He says that the recruitment rules proposed by the Commission are under examination and will be discussed with the Chairperson of the Commission so that all the posts can be filled up and the Commission can start functioning effectively.
9. In view of the above, we request the Chairperson of the Commission to ensure that the State Government complies with the submissions that have been made before us and vacant posts are filled up at the earliest.
10. In view of the above, no further relief is sought for in this writ petition and it is accordingly disposed of.
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