Mandatory requirement under Section 8(2) of the Commission for Protection of Child Rights Act, 2005, for filling up vacancies within a specified period.

JUDGMENT

1. An application has been filed seeking extension of time to fill up the vacant positions of the Chairperson and four Members of the State Commission for Protection of Child Rights.

2. Mr. M.S. Singhvi, learned Advocate General, on the last date of hearing, i.e., 08.05.2019 had stated that all these vacancies will be filled at the earliest as per convenience of the State Government but not later than 31.05.2019.

3. The application has been filed seeking extension of time to fill up such vacancies up to 30.06.2019.

4. Dr. Mahesh Sharma, learned Amicus Curiae, has invited attention of the Court towards Section 8(2) of the Commission for Protection of Child Rights Act, 2005, contending that as per the statutory prescription given therein, such vacancies are required to be mandatorily filled up within a period of 90 days by making fresh appointment in accordance with the provisions of Section 4 of the Act of 2005. Fact however is that the Chairperson of the Commission resigned in January, 2019 and three Members were not originally appointed and one Member, who was appointed, has not joined and much more period than 90 days has elapsed in between.

5. We therefore direct the State Government to positively fill up all these vacancies by 30.06.2019.

6. A copy of the detailed order dated 08.05.2019 passed by this Court may be forwarded to the Director, Rajasthan State Judicial Academy, Jodhpur, as certain directions/observations made therein pertained to them.

7. Office to place a copy of this order in connected files.