Deepshikha Sharma vs The State Of Assam And 3Ors
2022 Latest Caselaw 3717 Gua

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GAHC010146642022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : WP(C)/4933/2022

            DEEPSHIKHA SHARMA
            W/O JAGADISH BHATTACHARYYA,
            R/O BIDYANAGAR, BYE LANE 1 GERIMARI, P.O.-MANGALDOI, DIST.-
            DARRANG, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 3ORS
            REP. BY THE PRINCIPAL SECRETARY, SOCIAL WELFARE DEPTT., D-
            BLOCK, 1ST FLOOR, DISPUR, PIN- 781006, DIST.- KAMRUP (M), ASSAM.

            2:THE MEMBER SECRETARY
            ASSAM STATE CHILD PROTECTION SOCIETY
             BELTOLA
             PIN- 781028
             DIST.- KAMRUP (M)
            ASSAM.

            3:THE DEPUTY COMMISSIONER
             DARRANG
             MANGALDOI
             PIN- DIST.- DARRANG
            ASSAM.

            4:THE DISTRICT SOCIAL WELFARE OFFICER/ DCPO
             DARRANG
             MANGALDOI
             PIN- DIST.- DARRANG

Advocate for the Petitioner   : MR. P P BORTHAKUR

Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

Date : 22.09.2022

JUDGMENT & ORDER (ORAL)

Heard Mr. PP Borthakur, learned counsel for the petitioner and Mr. SS Roy, learned Junior Government Advocate for the respondents.

2. An advertisement bearing No. SCPS(G)20/2010/Pt-I/170 dated 20.07.2021 was issued by the State child Protection Society, Assam through its Member Secretary inviting applications for appointment of Chairperson and Members of Child Welfare Committee (CWC) as well as the Social Worker Member of the Juvenile Justice Boards (JJB) in Assam under the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short Act of 2015). As regards JJBs, the advertisement also included the district Darrang which provided that two Members would be selected and out of whom, one would be a woman.

3. The petitioner participated in the selection process which was conducted by a Selection Committee comprising of the following:-

1. Hon'ble Justice B.K Sharma Former Judge, Gauhati High Court

2. Partha Pratim Majumdar, IAS Secretary to the Govt. of Assam, Social Welfare Deprtment Cum Member Secretary, State Child Protection Society, Assam

3. Dr. Ranga Ranjan Das Director (i/c), Law Research Institute

4. Phanindra Kr Buzarbaruah Member, ASCPCR

5. Suboth Das Village Director, SOS Children's Village, Guwahati

6. Sunanda Das Page No.# 3/6

Indian Council for Child Welfare Assam State Branch

7. Shri Dip Saikia Former Regional Director, NIPCCD, Guwahati.

4. The constitution of the Selection Committee for the Members of JJBs is provided under Rule 87 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (in short Rules of 2016). Rule 87(1) of the Rules of 2016 provides for the constitution of the Selection Committee, which is extracted as follows:-

"87. Selection Committee and its composition.- (1) The State Government shall constitute a Selection Committee for a period of three years by notification in the Official Gazette consisting of the following members, namely:

(i) a retired judge of High Court as the Chairperson to be appointed in consultation with the Chief Justice of the High Court concerned;

(ii) one representative from the Department implementing the Act not below the rank of Director as the ex-officio Member Secretary;

(iii) two representatives of two different reputed non-governmental organisations respectively working the area of child development or child protection for a minimum period of seven years but not running or managing any children's institution;

(iv) two representatives from academic bodies or Universities preferably from the faculty of social work, psychology, sociology, child development, health, education, law, and with special knowledge or experience of working on children's issues for a minimum period of seven years; and

(v) a representative of State Commission for Protection of Child Rights."

5. The Selection Committee in its meeting of 02.03.2022 selected their candidates and in respect of district Darrang, two candidates were selected for the post of Social Worker in the JJB. The two candidates are Smti Deepshikha Sharma, LLB, Social Worker and Smti Jyotsna Deka, LLB, Social Worker. The petitioner Deepshikha Sharma has instituted this writ petition on the grievance that although she was selected, but no appointment was made in her favour.

6. The respondents in the Social Welfare Department of the Government of Page No.# 4/6

Assam have produced a complaint made by seven persons to the Minister of Social Welfare, Government of Assam on 20.05.2022. The complaint inter-alia states that the advertisement for the posts of Member, JJB were put up in the website of the Social Welfare Department, but not published in any other form. According to the complainants, all interest candidates may not visited the website on a regular basis so as to be aware that an advertisement had been issued. A further allegation had been raised that by putting up the advertisement only in the website, the information thereof would be available only to certain persons who may have visited to such websites, but not to the public in general. By referring to the said complaint petition, it is the stand of the respondents in the Social Welfare Department that the appointments in respect of the Chairperson and Members of the CWS as well as Member of the JJB in Darrang district have not been made, but, in respect of the other districts, for which it was a common selection, necessary appointments have already been made.

7. The reasoning of the respondents in the Social Welfare Department not to make the appointments in the Darrang district, pursuant to the selection, merely because a complaint petition dated 20.05.2022 had been made by seven persons from the public on the reason that they are aggrieved to the extent that the advertisement was put up only in the website and not given a wide circulation, cannot be accepted merely for such reason, and more so when pursuant to the same selection and advertisement appointments have already been made in the other districts. It is taken note that the selection made pursuant to the same advertisement which was also for all other districts in the State of Assam had been acted upon by the respondents, but only in respect of Darrang district, it is sought to be excluded. If the respondents intend to give Page No.# 5/6

effect to the complaint petition, the allegation is that the advertisement was not given due publicity and such allegation would be applicable to the selection made in respect of all the districts and cannot remain confined only to the Darrang district. By intending to act upon the complaint petition only in respect of Darrang district and not in respect of all the districts for which the selection was made, it would have to be accepted that the respondents acted in an arbitrary and discriminatory manner.

8. For the aforesaid reason, we are unable to accept the reasoning of the Social Welfare Department of the Government of Assam as to why the appointment had not been made to the petitioner who was duly selected in the meeting of the State Level Selection Committee held on 02.03.2022. Further taking note of that the post of Social Worker Member of the JJB is an essential post which cannot be allowed to remain vacant for a long period of time in the public interest, we direct the respondents in the Social Welfare Department to issue the necessary appointment to the petitioner.

9. As regards the complaint filed by some members of the public, it is for the appropriate authority in the Government of Assam in the Social Welfare Department to take note of the complaint that the advertisement was issued only in the website and not given due publicity. By taking note of the complaint, appropriate reasoned order may be passed by the authorities, but till such reasoned order is passed, it cannot be that only in respect of one district the Social Worker Member JJB would not be appointed. The appointment be made within a period of seven days from the date of receipt of a certified copy of this order, if otherwise the petitioner is found eligible and fit to hold the post of Member Social Worker in the JJB of Darrang district.

10. A copy of the complaint petition dated 20.05.2022 produced by the Page No.# 6/6

respondents is kept on record.

The writ petition is disposed of in the above terms.

JUDGE

Comparing Assistant