The plea before the Allahabad High Court challenges the appointment of a child protection committee; Selection board was formed in violation of UP juvenile justice rules, 2019

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A plea was 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 of the Juvenile Justice Act ( care and protection), 2015, juvenile justice (Care and protection) Rules, 2016 and UP Juvenile Justice (Care and protection of children) Rules, 2019 …

A plea was 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 of the Juvenile Justice Act ( care and protection), 2015, juvenile justice (Care and protection) Rules, 2016 and UP Juvenile Justice (Care and protection of children) Rules, 2019.

The motion therefore seeks the suspension of the effect and application of the notification appointing the CWC.

Petitioner Aneet Kumar Baghel is a former member of the Juvenile Justice Council, Gautam Buddha Nagar.

After coming across an announcement posted on Mahila Kalyan Nideshalaya’s website, the petitioner applied for the post of member of the Child Welfare Committee on February 19, 2020.

He was then summoned for interview in accordance with his candidacy on November 10, 2020 at Uttar Pradesh Mahila Kalyan Nigam, Lucknow.

The interview panel consisted of only three members who, according to the petition, did not meet the legally prescribed quorum of the selection committee.

The Applicant further found that the panel lacked the President (a retired High Court Judge) and the Member Secretary (the Director of Mahila Kalyan Nideshalaya, as ex officio Member Secretary).

This was alleged in violation of Rule 87 (4) of the UP Juvenile Justice Rules (Care and Protection of Children), 2019, which states that the quorum of the selection committee does not have to be be less than 4 members, including the chairman and secretary of members.

The petitioner therefore relied on Article 87 which deals with the constitution and composition of the selection committee.

In addition, a motion for a brief was filed earlier in the High Court of Allahabad, by the petitioner for the same cause, but it was never entered for hearing, according to the plea.

Meanwhile, the child protection committee was appointed after the joint secretary of the UP government released a selection list addressed to district magistrate Gautam Buddha Nagar, the petition adds.

A bench of Judges Manoj Misra and Jayant Banerji Monday allowed the Applicant to serve a copy of the Motion in Brief on Counsel representing Respondent no. 2 in a week.

The case was listed on August 26, 2021.

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

Title: Aneet Kumar Baghel c. State of Uttar Pradesh

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