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The Allahabad high court directed the government to require steps to make sure that the Juvenile Justice Board in Uttar Pradesh is constituted and made functional expeditiously. The Court further observed that within the future, the government should make sure that the vacancies are steps for filling the vacancies are taken a minimum of six months before the date of the vacancy arising.
In its Columbus Day order, the high court noted that Section 4 of the Juvenile Justice (Care and Protection of Children) Act provided for the constitution of Board members for each District mentioned as Juvenile Justice Board.
It added that the laudable objective of the Act might have served only a functional Board existed in terms of the mandate of the Act for completing the powers conferred on the said Board.
The petitioner submitted that in terms of 2016 model Rules, it had been incumbent upon the Secretary of the choice Committee to initiate the method of filling up vacancies within six months before the incumbent demitting the office. The government issued a Government Order dated January 31, 2020 to the effect that till the fresh selections were made, the District Magistrate/any ADM/SDM nominated by the District Magistrate shall perform the work of the choice Committee and therefore the Chief Judicial Magistrate
The Court was informed that the Lucknow Bench took notice of the said Government Order and observed that it had been not in consonance with the provisions of the Act of 2015. The Lucknow Bench had thus directed through an order dated February 7, 2020 that the choice Committee so constituted shall make its recommendation to the government by May 31, 2020. Thereafter, the government was to issue appointment letters within 10 days from the date of the recommendations.
A PIL was also filed within the high court, which prompted the Court to issue written instructions to the extra Chief Standing Counsel for constituting the Board by June, 2020. On these terms, the PIL had been disposed of on 12 Feb, 2020.
However the Juvenile Justice Board was yet to be constituted, the high court was told.
However, insight of the lockdown within the country, steps couldn't be taken to constitute the Board within the time-frame issued by the Court earlier. All an equivalent, the State informed that the choice process commenced earlier this month which, in any event, the method of selection was to be completed on or before January 31, 2021.
The high court, however, remarked that the instructions were silent on why steps weren't taken for fulfilling the vacancies before the occurrence of the vacancies.
All an equivalent, since the matter was seized by the Lucknow Bench, it had been directed that any longer progress during this regard should be told thereto Bench. The moment the petition was disposed of with a direction "that steps for constitution of the Board be taken expeditiously."
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