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The High Court of Allahabad retained its erstwhile members of the JJ Boards and Children Welfare Committee until fresh appointments of the post. Though the members term been expired on December 2019, the court insisted their stay until fresh appointments are made for the JJ Boards and CWC. Rules 5(2) and 15(4) of Juvenile Justice (Care and Protection of Children) Rules, 2019, expressly mentions prohibition of member’s apponitment for two consecutive terms for the welfare of the board. The court exclusively mentioned that it is aware of the provisions but still they consider doing such is because of the welfare of the children.
And also mentioned that this ‘interim arrangement’ shall cease to exist once new members are appointed. The divisional bench comprising of Justice Rajan Roy and Justice Devendra Kumar Upadhayaya held that the appointment of members of JJ Boards and CWC, certain qualification prerequisite is mentioned in the said Act. The court also mentioned that section 4 of the Act says that the board shall appoint a Metropolitan Magistrate or a JMFC with 3 years of experience as a mandate. And also explained the section 7 of the Act which speaks about the validity of the order passed by the board during absence of any member. Similarly, CWC shall have a Chairperson and have four other member involved in health, educational activities and welfare activities of the children with a professional degree at Child Psychology or Psychiatry or social work or Law or Human Development.
The HC held that “… We are conscious of the rule position which prohibits appointment of a member of CWC or JJB for two continuous terms, but we are also conscious of the need to protect the best interest of children under the Act, 2015 and the importance of duties assigned to CWCs and JJBs under the said Act, 2015 and the Rules framed thereunder. Therefore, we find ourselves compelled to pass necessary orders for ensuring smooth and unhindered functioning of CWCs and JBBs.” The court directed the Selection Committee which was responsible for appointment for new permanent members to make its recommendations to the State Government and the new appointees shall take charge by July 1st,2020. And thus after recommendation the government shall send Letters of Appointment within ten days.
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