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2023 Supreme(Raj) 2052

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

Advocates Appeared:
For the Petitioner:Smt. Roopwati Deora (petitioner No.1) present in person.
For the Respondent:Mr. A.K. Gaur, Addl.Advocate General, Mr. Deepesh Beniwal.

Headnote:(A) Constitution of India - Article 226 - Writ petition challenging the nomination of Chairman for the Child Welfare Committee as arbitrary and illegal - Allegations of non-compliance with selection process under Juvenile Justice Act - The Court found that the nomination adhered to statutory guidelines and decisions made by the State Selection Committee were without legal infirmity. (Paras 1-14)

(B) Judicial Review - The scope of judicial review under Article 226 is limited to examining the legality of the process and not the merits of decisions taken by authorities, provided there exists no gross illegality or procedural impropriety. (Paras 2-12)

Facts of the case:
Petitioner challenged the nomination of a respondent as Chairman of the Child Welfare Committee in Jodhpur, alleging it was a backdoor entry in violation of the selection process established under the Juvenile Justice Act. The respondent's nomination followed the State's advertised procedure, with due applications submitted within deadlines.

Findings of Court:
The Court confirmed the legality of the nomination, ruling that the application submitted was timely, and any discrepancies were clarified by the respondents; thus, the process did not suffer from any legal infirmity.

Issues: (1) Whether the respondent's nomination contravened the statutory process prescribed for selection? (2) Is there sufficient basis to declare the nomination illegal or arbitrary?

Ratio Decidendi: The court emphasized that the review under Article 226 is confined to lawfulness of actions and processes, confirming that the nomination process followed relevant statutory provisions and did not demonstrate any arbitrariness, ensuring substantive compliance with the Juvenile Justice Act.

Result: Petition dismissed.

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:

    "It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ order or direction:

    (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

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