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The Allahabad High Court stated that the State Government must confirm that the positions are to be filled up and steps for filling the vacancies be taken at least six months prior to the date of the vacancy falling due.
The non-working of the Juvenile Justice Boards is against the guidelines of Article 15 (3) and against the promise made in the form of agreement of the United Nations Convention on the Rights of Children treaty.
The two-judge Bench of Justice Shashi Kant Gupta and Justice Pankaj Bhatia was hearing the petition claiming that after the enactment of the 2015 Juvenile Justice Act, a notification was published on 14 December 2016, and a Committee was established in all the Districts. The period of the Committee is fixed for a time of three years and hence the tenure of the Committee expired on 14th December 2019. The plaintiff stated that in terms of the 2016 Model Rules, it is mandatory upon the Secretary of the Selection Committee to start the procedure of filling up a post within six months before the mandatory demitting of the Office.
It was noted that though the new Board must be constituted before the expiry of the tenure of the Committee, the State Government issued a Government Order on January 31st, 2020 to the effect that till the new candidates are made for the Juvenile Justice Board chairperson and members also for the CWC, the District Magistrate or any ADM or SDM nominated by the District Magistrate shall execute the work of the Committee and the Chief Judicial Magistrate or any other Judicial Magistrate that is designated by the District Judge shall do the work of the Juvenile Justice Board.
The plaintiff also said that a PIL was filed before the same Court, in which the written commands were given to the Additional Chief Standing Counsel to the effect that the structure of the Board shall be completed by June 2020.
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