Krishna Deo Mishra vs The State Of Bihar
2023 Latest Caselaw 4064 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5913 of 2023
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Krishna Deo Mishra Son of Madan Mohan Mishra, Resident of Flat No.-101, Saurabh Enclave, Road No.-5, Rajendra Nagar, P.S.-Kadamkuan, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through The Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, the Department of Social Bihar, Government of Bihar, Patna.

3. The Member Secretary, The Selection Committee, The Department of Social Welfare Government of Bihar, Patna.

4. The Director, Social Welfare, Department of Social Welfare Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niraj Kumar, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha (GA7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 25-08-2023

The writ petition filed, in the nature of a public

interest litigation, seeks direction to the respondents to

constitute Child Welfare Committees in the Districts of Patna,

Jehanabad, Gaya, Nalanda, Bhojpur, Begusarai, Siwan,

Aurangabad, Bhagalpur, Madhubani, Saharsa, Gopalganj,

Purnia and Araria as per the provisions of the The Juvenile

Justice (Care and Protection of Children) Act, 2015 (For brevity,

'the Act') and the Bihar Juvenile Justice (Care and Protection of Patna High Court CWJC No.5913 of 2023 dt.25-08-2023

Children) Rules, 2017 (for brevity, 'the Rules') brought out by

the State of Bihar.

2. It is pointed out that the Respondent-State has been

appointing Government officials as ex-officio members of the

Districts, which is evident from Annexure P-2 dated 31.01.2019.

Rule 16 (7) of the Rules specify that the Committee shall sit on

all working days for a minimum of six hours, similar to the

sitting hours of a Magistrate, unless the case pendency is less. It

is the contention of the petitioner that when Government

Officials are appointed as ex-officio members, then there would

be frustration of the noble objective of the legislation and it

would also lead to unnecessary prejudice being visited on the

children, who require a helping hand.

3. A detailed counter affidavit has been filed by the

State. It is pointed out that pending selection and appointment of

Members in the Child Welfare Committees (CWCs), as a stop

gap arrangement, in the best interest of the children, a Standing

Panel of three persons were constituted under Section 36(6) of

the Act. The Standing Panel is authorized to work only in those

districts where quorum of three members do not exist and as

soon as new members join, the panel would terminate

automatically.

Patna High Court CWJC No.5913 of 2023 dt.25-08-2023

4. As far as the selection and appointment of the

members including Chairpersons of Child Welfare Committees

and Social Members of Juvenile Justice Boards, a Selection

Committee has been constituted under the Chairperson-ship of a

Retired Judge of this Court. The selection of Members and

Chairpersons of CWCs and JJBs in 14 districts have been

completed and the appointments would be made immediately, as

soon the recommendations are received from the Selection

Committee. It is also pointed out that in Bihar, a unique system

of selection of the Members of CWCs and JJBs have been

brought in place, where they are required to qualify in a written

examination and an oral interview. The written examination is

conducted by the Chanakya National Law University. The delay

in selection and appointment only occurred due to the

Pandemic. The stop gap arrangement was only made reckoning

the welfare of the children and to get over the contingencies

occurring due to the delay in appointment of the members.

5. We are convinced that the State is taking

appropriate steps to make appointments. True, Rule 16(7)

prescribes that the Committees should sit on all working days,

similar to the working hours of Magistrate Court, however, after

looking at the pendency of cases. The petitioner has filed the Patna High Court CWJC No.5913 of 2023 dt.25-08-2023

above writ petition without any research being done as to the

cases pending in various districts. The objection also was on

account of the appointment of Government Officials to the

CWCs; which has been stated to be a stop gap arrangement by

the State.

6. We find no reason to keep the matter pending and

close the writ petition.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) Sunil/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          29.08.2023
Transmission Date