The Supreme Court issued notice to the Centre on the Jamiat Ulema-e-Hind’s plea and to get rid of the Government control over the raising concerns over the “arbitrary” appointment of chairperson and members of the National Commission for Minority Educational Institutions (NCMEI). A bench comprising Justices L Nageswara Rao, Navin Sinha and Indu Malhotra issued notice to the Centre after hearing the matter.
Earlier, Jamiat Ulema-e-Hind, in the plea filed through advocate Wajeeh Shafiq, argued
that the Chairperson and the members have been appointed in an ‘arbitrary’ manner without inviting applications by issuing advertisements. "It is relevant to mention here that out of three members, two members are from Sikh community whereas, no person from Christian community or amongst Sunni Muslims was appointed as member of the Commission," it said.
The NCMEIs consists a Chairperson and three members to be nominated by the Centre. When one visits the NCMEI site, it currently shows Justice Narendra Kumar Jain as Chairman and Dr. Jaspal Singh as member, with two member positions lying vacant. "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," the plea added.
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”.