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directs to appoint State Commissioner for Persons with Disabilities within four weeks
Justice Amit Mahajan disposes of petition seeking appointment of State Commissioner, directing the to act within a fixed timeline and decide pending complaints expeditiously.
The has directed the to take steps to appoint the State Commissioner for Persons with Disabilities for the national capital within a period of four weeks. The order, passed by Justice Amit Mahajan on , comes in response to a petition filed by Saurabh Dikshit, who sought not only the appointment of the Commissioner but also a of his grievances under the .
The Plea and the Vacancy
Dikshit approached the High Court complaining about the prolonged vacancy in the office of the State Commissioner for Persons with Disabilities—a statutory position mandated under . He alleged that the absence of the Commissioner had effectively stalled the for persons with disabilities in Delhi. His own complaint, concerning alleged denial of and his termination from employment on , remained unresolved due to the vacancy.
Through the petition, Dikshit sought a directing the appointment of the State Commissioner within a time-bound period and, alternatively, requested the court to itself adjudicate his grievances if the statutory mechanism remained dysfunctional.
Government’s Assurance
Appearing for the , counsel informed the court that steps for the appointment had already been initiated. He submitted that the list of shortlisted candidates had been forwarded to the Lieutenant Governor of Delhi and expressed confidence that the remaining steps would be completed without delay.
Court’s Directions
Taking note of the submission, the court directed the respondents to complete the appointment process within four weeks. It further ordered that once the Commissioner is appointed, Dikshit’s complaint be decided expeditiously. The court , clarifying that the petitioner is again if any grievance remains.
The operative part of the order reads: “Consequently, the respondents are requested to take steps for appointment of State Commissioner for Persons with Disabilities for the National Capital Territory of Delhi within a period of four weeks and the petitioner’s complaint is thereafter directed to be decided expeditiously without any delay.”
Broader Context: A Government’s Unwavering Duty
This case is part of a larger judicial concern over the ’s compliance with its statutory obligations under the RPwD Act. In a related matter before a division bench comprising Justice Subramonium Prasad and Justice Renu Bhatnagar, the High Court recently observed that the government “cannot give up on its statutory responsibilities towards persons with disabilities.” That case involved a child suffering from muscular dystrophy for whom the government had expressed inability to provide a 24-hour male attendant as ordered by a .
In that proceeding, the court directed the government to file an affidavit clarifying whether the State Fund for Persons with Disabilities, contemplated under , has been constituted and what steps are being taken to fulfill its responsibilities under —which mandates that persons with disabilities have the right to live in the community and be given access to personal assistance and support services.
These twin directions underscore the judiciary’s insistence that statutory bodies be functional and that the rights enshrined in the RPwD Act are not rendered illusory by administrative inaction.
Key Observations
- “The respondents are requested to take steps for appointment of State Commissioner for Persons with Disabilities for the National Capital Territory of Delhi within a period of four weeks.”
- “Needless to state, the petitioner is in case any grievance remains in future.”
- From the related case: “The provisions of the , and the duties cast upon the State under the legislation do not indicate that the government can ‘throw up its hand in despair.’”
Implications
The order reinforces the timeline-bound nature of statutory appointments under the RPwD Act and sends a clear message that vacancies in key oversight positions will not be allowed to delay justice for persons with disabilities. With the State Commissioner soon to be in place, pending complaints—including Dikshit’s—can now be processed through the designated statutory mechanism, restoring the intended legal pathway for grievance redressal.
