IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Roopwati Deora and Ors. - Petitioners
Versus
State Of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 16017 of 2019
Decided On : 27-03-2023
| Table of Content |
|---|
| 1. petitioners seek relief against nomination process. (Para 2 , 3) |
| 2. petitioners claim illegal nomination of respondent no. 5. (Para 4 , 5) |
| 3. respondents assert legitimacy of nomination process. (Para 6 , 7 , 8) |
| 4. court reviews and validates nomination process outcomes. (Para 9 , 10 , 11 , 12) |
| 5. court dismisses the petition. (Para 13 , 14) |
JUDGMENT :
(Pushpendra Singh Bhati, J.)
The lawyers are abstaining from the work due to strike.
2. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
(i) the impugned notification dated 16.10.2019 (Ann.7) passed by respondent no.2 and the list of the applicants dated 06.08.2019 (Ann.6) may kindly be declared highly illegal, arbitrary, unjust and malafide one and same may kindly be quashed and set aside.
(ii) the respondent authorities may kindly be restrained from handing over the charge of the post of Chairman, Child Welfare Committee, Jodhpur to the respondent no.5.
(iii) The respondent authorities may kindly be directed to constitute the Child Welfare Committee, Johdpur in accordance with the list 30.07.2019 (Ann.5) by conducting fresh interview.
(iv) Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioners."
3. As the pleaded facts and the record would reveal, vide advertisement dated 24.01.2019 issued by the respondent No.2, applications were invited, from social workers, for nomination as Chairman & four Members (out of which one must have been a female candidate and one candidate must have been a subject specialist, related to children), for the purpose of Constitution of the Child Welfare Committee, in District Jodhpur as well as in various other districts of the State; the last date for submission of the application form, as per the advertisement, was 11.02.2019. However, vide amended advertisement dated 01.03.2019, issued for the same purpose, the last date was extended from 11.02.2019, till 28.02.2019.
3.1 For the purpose of such nominations i.e. Chairman and Members of the Child Welfare Committee, the State Government, vide notification dated 11.06.2019, constituted the State Level Selection Committee, which proceeded with the selection process by holding the interviews for the nominations, as per the schedule, and finalized the nomination process.
3.2 After conclusion of the selection process, the Child Welfare Committee, Jodhpur and the private respondent No.5 was nominated as Chairman of the said Committee, vide the impugned notification dated 16.10.2019. Aggrieved thereby, the present petition has been preferred, claiming the afore quoted reliefs, while alleging, amongst others, the nomination of the private respondent No.5 to be a backdoor entry, being contrary to the selection process for the nomination in question, as prescribed under the Juvenile Justice (Care and Protection of Children) Act, 2015 and Juvenile Justice (Care and Protection of Children) Model Rules, 2016, framed thereunder.
4. Smt. Roopwati Deora, petitioner No.1 present in person submitted that the respondent No.3, vide communication dated 30.07.2019, addressed to the respondent No.4, informed that for Jodhpur District, 95 applications were received for the nominations as Chairman and Members; subsequently, however, a list of 96 candidates came to be published on 06.08.2019; vide notification dated 16.10.2019, the respondent no.5 has been nominated as Chairman, which in the given facts, is highly illegal and unsustainable in the eye of law.
5. The petitioner in person further submitted that it is clear that the respondent no.5 has not submitted the application before the last date of submission of the application, but the respondent authorities illegally and without adopting the due process of select
The court upheld the authority of respondents in rejecting the petitioner's application based on legal advice regarding panel validity.
The court emphasized that members of the Child Welfare Committee must have seven years of active involvement in child welfare, and the failure to meet this criterion invalidates an appointment.
Appointment to Child Welfare Committees under the Juvenile Justice Act is limited to the remaining term of the Committee, not a full term.
The court holds that it cannot interfere with the selection made by the Selection Committee unless there is arbitrariness or statutory aberration. The court emphasizes the importance of maintaining t....
Point of law: . Subsection (7) of section 27 only contemplates that the removal can be made when it is found in enquiry that a person is guilty of misuse of power vested under the Juvenile Justice Ac....
The appointment to a vacancy in the Committee is limited to the remaining term of the existing Committee as per governing rules.
The court emphasized the importance of following the mandatory provisions prescribed by law while working as members of the Child Welfare Committee, and the refusal to issue directions to accept resi....
The main legal point established in the judgment is that the termination of the petitioners as members of the Child Welfare Committee was justified due to their breach of mandatory provisions of the ....
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