The apex court also declared null and void a provision in the regulations concerning terms and conditions of service of NHRC staff as the regulations were amended without meeting legal requirements.[break]
A special bench of Justices Ram Prasad Shrestha, Tahir Ali Ansari and Mohan Prakash Sitaula issued the order to this effect in response to public interest litigation filed by advocate Meena Khadka.
“Implementation of such a provision will prevent people [other than temporary NHRC staff] from competing for posts at the NHRC," the justices said in their ruling.
The constitutional human rights watchdog headed by former chief justice Kedar Nath Upadhyaya last July initiated the process of making 80 temporary staff permanent through unilateral amendment of its regulations despite objections from the Public Service Commission (PSC), another constitutional body, and the Office of Prime Minister and Council of Ministers (OPMCM).
But advocate Khadka went to court in September against the NHRC move. Khadka argued in the petition that the temporary staff in question were initially hired at NHRC for specific donor-funded projects but once the projects were phased out they were appointed at the national human rights watchdog to official positions on contract basis without meeting the existing standards.
“This is the first step toward democratizing the NHRC," said advocate Madhav Basnet, who pleaded at the SC against NHRC´s bid.
Article 126 (3) (a) and (b) of the constitution says that any public body, including the NHRC, is required to consult the PSC over issues concerning laws and regulations related to staff and appointment of new employees. But NHRC had not consulted the PSC while introducing the amendment to the regulations. The amendment opened the door to making all temporary staff permanent.
The decision to make temporary staff permanent was not unanimous even within the NHRC. NHRC member Dr Leela Pathak had written a note of dissent in the minutes of the decision, saying that such a move was unconstitutional and would encroach upon the constitutional jurisdiction of the PSC. She had also maintained that the decision violated the general public´s right to take part in free competition.
The Commission for Investigation of Abuse of Authority, the constitutional anti-graft body, had written to OPMCM five years ago, drawning attention to irregularities over hiring temporary staff at the NHRC.
Related story
NHRC urges govt to end torture in custody and prisons
