RAJIV SAHAI ENDLAW, J.

1. This writ petition in public interest was filed for declaring the appointment of respondents No.4&5 as members of the National Commission for Protection of Child Rights (NCPCR) as illegal and void, alleging that they did not possess the required qualifications as per Section 3 (2)(b) of the Commission for Protection of Child Rights Act, 2005. Respondent No.1 Union of India and the respondent No.2 NCPCR have filed a counter affidavit opposing the petition. It is inter alia their plea that the respondents No.4&5 were nominated as members of NCPCR way back in April, 2007 and the writ petition filed in July, 2009 after considerable lapse of time is liable to be dismissed for the reason of latches alone. They have even otherwise opposed the petition. The respondent No.4 has also filed a counter affidavit opposing the petition and justifying her appointment as the member of NCPCR.

2. The term of appointment of the respondents No.4&5 will be expiring shortly hereafter on 10th April, 2010. No purpose would be served in adjudicating on that aspect. The Supreme Court in Arnit Das Vs. State of Bihar (2001) 7 SCC 657 has held that it is settled practice that the Court does not decide matter which are only of academic interest on the facts of a particular case. The learned counsel for the petitioner also has fairly not laid any stress/emphasis in that regard. He has however urged for transparency in the fresh appointments to be made to the NCPCR.

3. Even though in the writ petition no relief qua appointments in general to NCPCR has been claimed but we suggested to the learned Solicitor General to consider the said aspect and the learned counsel for petitioner has also made several suggestions on the guidelines for future appointments. 4. Section 3 of the Act aforesaid provides for the constitution of the NCPCR by issuance of notification by the Central Government. The NCPCR is to consist of a Chairperson and six members out of which at least two shall be women. Section 3 (2) (a) provides that the Chairperson shall be a person of eminence who has done outstanding work in promoting the welfare of children. The members, in terms of Section 3 (2)(b) are required to be persons of eminence, ability, integrity, standing and experience in,-

(i) Education;

(ii) Child health, care, welfare or child development;

(iii) Juvenile justice or care of neglected or marginalized children or children with disabilities;

(iv) Elimination of child labour or children in distress;

(v) Child psychology or sociology; and

(vi) Laws relating to children.

5. The proviso to section 4 of the Act provides as under:-

“that the Chairperson shall be appointed on the recommendation of a three member Selection Committee constituted by the Central Government under the Chairmanship of the Minister in-charge of the Ministry of Human Resource Development.”

6. We had during the course of hearing suggested that the Selection Committee be broad based and suggested the involvement of independent experts in the field to ensure appointment of appropriate persons as Chairperson and members of NCPCR. We had also suggested the presence of the Chairperson of the UPSC and/or the Leader of Opposition in the Lok Sabha on the selection Committee. The counsel for the petitioner has suggested the judicial member of NHRC and the Cabinet Secretary to be the members of the Selection Committee. He has also proposed public advertisement inviting applications for the post of members of the NCPCR and putting in place of a procedure for inviting and considering objections by members of the public to any of the proposed names and certain other criteria.

7. The Learned Solicitor General without prejudice to his legal contentions, after obtaining instructions states that the Govt. of India desires the composition of the Selection Committee for selection of Chairperson and members to be left to be decided by and with the Minister in-charge of the Ministr