The Madras High Court has excused a request challenging the appointment of resigned High Court Judge, Justice S Baskaran, as the Chairperson of the Nadu State Human Rights Commission
A Division seat containing Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy expressed that the appeal is "absolutely misinterpreted" and no further time ought to be wasted consequently.
The important complaint of the Petitioner for this situation was that the post of Chairman was not publicized before the appointment of Justice Baskaran.
Justice Baskaran accepted the workplace of Chairperson of the Tamil Nadu State Human Rights Commission on December 31, 2020.
It was the Petitioner's case that Justice Baskaran's appointment as the Chairperson of TN Human Rights Commission is violative of Article 14 (right to balance) and 16 (correspondence of opportunity in the issue of public work) of the Constitution.
He contended that the office of the Chairman of the State Human Rights Commission is an office under the State within the meaning of Article 16(1) of the Constitution and to fill up such post, all qualified people ought to have been allowed a chance to apply therefor and ought to have been considered on merits.
He further contended that the appointment compromises the decree of the Supreme Court in Rojer Mathew v. South Indian Bank, (2020) 6 SCC 1, as to protections to ensure the autonomy of inhabitants of such workplaces. For this situation, the Apex Court had advised against the frequent appointment of Judges (sitting or resigned), in a non-transparent way.
The Court saw that the impugned appointment was made by a lifted-up Selection Committee which is ordained by the resolution. In this way, the Selection Committee may talk about such names as they may pick and regardless of whether there is no advertisement issued, the process can't be defective.
Section 22(1) orders that the Selection Committee to choose the Chairperson and the members of State Human Rights Commission would be the Chief Minister, Speaker of the Legislative Assembly, the Minister responsible for the Department of Home in that state and the Leader of the Opposition in the Legislative Assembly.