Delhi HC Issues Notice On Plea Seeking Declaration That National Commission For Scheduled Castes Has No Power To Interfere In Sub Judice Matters

Case name

GOVERNMENT OF NCT OF DELHI THROUGH DY COMMISSIONER DEPARTMENT OF TRANSPORT v. NATIONAL COMMISSION FOR SCHEDULED CASTES & ANR.

Key Takeaways

• Submissions have been made to declare that the Commission does not have the power to act on a complaint that does not allege any violation of Reservation policy, Government of India Orders, State Government Orders, PSUs and Autonomous Bodies orders or any other violation Rules of Reservation in terms of Rule 7.

Background

• A plea seeking a Declaration that National Commission for Scheduled Castes Has No Power to Interfere in Sub Judice Matters was filed by the Delhi Government through Deputy Commissioner Department of Transport.
• This petition prayed for a direction to call records of a case pending before the Commission and also to invalidate all the proceedings arising therefrom.
• The petitioners have also submitted that the act is in the teeth of the order passed by the High Court in the case “Transport Department, Govt. of NCT of Delhi vs. National Commission for Scheduled Castes and Anr.

Orders

• Considering the submissions, the Court issued a notice in the plea and ordered thus: "Till the next date, proceedings before the respondent no.1 will remain stayed”
• The Court has also granted four weeks to the Commission for filing a status report in the matter.
• The matter has been listed to be heard on 1st February 2022.

Questions

1. Do you agree with the submissions made by the petitioners?
2. Do you support the notice issued by the High Court?

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