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SANJEEV KUMAR, PUNEET GUPTA
Khair-Un-Nisa – Appellant
Versus
UT of Jammu and Kashmir – Respondent
JUDGMENT :
[Sanjeev Kumar, J.]
WP(C) No. 1742/2022
1. The petitioners, ninety six(96) in number, are either Chairpersons/Members of the Child Welfare-Committees ['CWCs'] or Members of Juvenile Justice Boards ['JJBs'] appointed under the different provisions of Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013 ['the Act of 2013'] and the Rules framed thereunder. The Chairpersons and Members of CWCs and JJBs were appointed initially for a period of three years. The term of JJBs Members expired on 12.01.2021 and so far as Chairpersons/Members of CWCs are concerned, their term came to be an end on 06.02.2021. However, in terms of Government Order No. 13-SW of2021, dated 27.01.2021, the term of existing members of JJBs and CWCs was extended for a further period of one year or till fresh selection was made as per the prescribed procedure whichever was earlier. The process of selection for appointment of the Members of JJBs and the Chairpersons/Members of CWCs was initiated vide Advertisement Notification No. 01 SC (MV), dated 01.08.2022 and Notification No. 02 SC (MV) of 2022, dated 01.08.2022 respectively. All the petitioners herein are aggrieved of and have c
Abuse of process of law, forum shopping, and bench hunting are not permitted under law and may result in dismissal of petitions and imposition of exemplary costs.
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 ....
Point of law : If there is some minor irregularity in selection of a candidate but if such a candidate has put in a number of years of service, it may not be advisable to disturb his appointment.
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....
Reference to previously dismissed petitions in an appointment advertisement constitutes an irregularity but does not invalidate the appointment process, which is subject to ongoing appeals.
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