Plea In Allahabad High Court Challenges Appointment Of Child Welfare Committee; Says Selection Panel Constituted In Violation of UP Juvenile Justice Rules, 2019

A plea has been filed in the Allahabad High Court challenging the appointment of a Child Welfare Committee (CWC) alleging that the constitution of the Selection Committee was in violation of the rules under the Juvenile Justice (Care and Protection) Act, 2015, Juvenile Justice (Care and Protection) Rules, 2016 and U.P. Juvenile Justice (Care and Protection of Children) Rules, 2019.

The petition thus seeks a stay on the effect and operation of the notification appointing the CWC.

The petitioner Aneet Kumar Baghel is a former Member of the Juvenile Justice Board, Gautam Buddha Nagar.

After coming across an advertisement posted on Mahila Kalyan Nideshalaya' website, the petitioner applied for the post of Member, Child Welfare Committee on February 19, 2020.

He then was called for an interview in pursuance of his application on November 10, 2020 at the Uttar Pradesh Mahila Kalyan Nigam, Lucknow.

The interview panel consisted of only three members which as per the petition, did not adhere to the statutorily mandated quorum of the Selection Committee.

The petitioner further found the panel to be devoid of the Chairperson( a retired High Court Judge) and the Member Secretary, (the Director of Mahila Kalyan Nideshalaya, as the Ex-Officio Member Secretary).

This was alleged to be in violation of sub-rule (4) of Rule 87 of the U.P. Juvenile Justice (Care and Protection of Children) Rules, 2019 which states that the quorum of the selection committee shall mandatorily not be less that 4 members, including the chairperson and Member Secretary.

The petitioner thus relied on Rule 87 which deals with the constitution and composition of the Selection Committee.

Moreover,  a writ petition was filed earlier before the Allahabad High Court, by the petitioner on the same cause, but it was never listed for hearing, the plea avers.

During this time, the Child Welfare Committee has been appointed after the Joint Secretary Government of UP had issued a Selection List addressed to the District Magistrate, Gautam Buddha Nagar, the petition adds.

A Bench of Justices Manoj Misra and Jayant Banerji on Monday allowed the petitioner to serve a copy of the writ petition on the counsel representing respondent no. 2 within a week.

The matter has now been listed on August 26, 2021.

The petitioner was represented by Advocates Madan Mohan and Mohan Kant Baghel.

Title: Aneet Kumar Baghel v. State of Uttar Pradesh

Click Here To Download The Order

Read The Order