ASSOCIATION FOR DEVELOPMENT Vs. UOI

JUDGEMENT

(1.) The petitioners, in these writ proceedings, under Article 226 of the Constitution of India, challenge the appointment of the second and third respondent (hereafter "the private respondents" when referred to collectively, and referred to individually by their names as Dr. Dube and Mr. Tikoo, respectively) as members of the National Commission for Protection of Child Rights (hereafter "NCPCR" or "the Commission") under the Commissions for Protection of Child Rights Act, 2005 (hereafter "the Act") and to that end, quash the notification issued on 22-11-2010.

(2.) The first petitioner, Association for Development is represented through its President, Raj Mangal Prasad; the second petitioner HAQ Foundation, (hereafter "HAQ") is represented through its Co-Director, Ms. Bharti Ali. The petitioners allege that they wish, by these proceedings, to highlight the arbitrary nature of procedure adopted by the first respondent (the Union Government, hereafter called "UOI") in calling for applications of eligible candidates, and ultimately selecting the private respondents, as members of the Commission. The Petition claims that the Director of the first respondent, Raj Mangal Prasad, in addition to associating himself in public interest in these proceedings, is also seeking to agitate his private right claiming that as candidate who held himself out to the position of member of the NCPCR, his claim and application was wrongly overlooked. Both petitioners however state that:

(3.) The petitioners contend that they are deeply concerned that membership of the NCPCR be filled only on the basis of merit, since the Commission is the watch dog of body for implementing children's rights. They further underline the necessity of the UOI adopting a fair and transparent procedure in selection and appointment of members of the Commission, which ought to stand up for fairness, transparency and accountability. The petitioners refer to Section 3 of the Act, and highlight that in its terms, the UOI has to appoint six members, including two women, from among six specified categories or disciplines (education, child health, care, welfare or child development; juvenile justice or care of neglected or marginalized children or children with disabilities; elimination of child labour or children in distress; child psychology or sociology and laws relating to children). It is stated that the members of the NCPCR were first appointed in 2007 for three years their term ended on 10-4-2010. On 18-05-2010 Dr. Sinha was re-appointed as Chairperson of the NCPCR. The petitioners contend that the Act and Rules framed under it are silent about the selection process in respect of members of NCPCR, which has led to concerns about lack of transparency. This was the reason for an earlier proceeding (WP 10296/2009) before this Court under Article 226 of the Constitution of India. In those proceedings, the Court gave necessary orders. The UOI, Ministry of Women and Child Development had to implement those directions to follow a transparent process of selection. As part of this, particulars of members of the Selection Committee as well as selected candidates together with their particulars had to be put up on the Ministry's website.