Delhi High Court questions delay in Minority panel appointments

The Delhi High Court on Friday (February 13, 2026) said the vacancies for the posts of chairperson and members in the National Commission for Minority Educational Institutions cannot be left unfilled since 2023.

A bench of Chief Justice D. K. Upadhyaya and Justice Tejas Karia said the Centre’s stand that the court has no power to direct such appointments since there is no timeline for it in the law is “highly misconceived” and “contrary to the legislative mandate” in the National Commission for Minority Educational Institutions Act.

The Bench noted that the commission, which works towards safeguarding the fundamental rights of minority institutions, is functioning with just one member. It asked the Ministry of Education to submit an affidavit detailing the steps taken by it to fill the vacancies.

“The vacancy in the office of the chairperson of the commission has remained unfilled since September 2023. It is true that the Act does not prescribe any timeline mandating the respondent to fill the vacancy on the expiry of the term of the chairperson or a member. However, that does not mean that no steps for such a long period shall be taken by the authorities,” the court observed.

The Court was dealing with a petition seeking directions to the Centre to fill the vacant posts of chairperson and members in the commission.

The Ministry of Education’s Department of Higher Education responded that the existence of the vacancies has not impeded the proceedings of the commission.

It stated that although the Act provides for the creation and operation of the commission, along with the qualifications, duties and powers of its chairperson and members, it is silent on the period within which their appointment must be made after a vacancy.

The Court posted the case for hearing on May 4, 2026.