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 practic