The court emphasized that members of the Child Welfare Committee must have seven years of active involvement in child welfare, and the failure to meet this criterion invalidates an appointment.

JUDGMENT :

(Nitin Jamdar, CJ.)

The appointment to the post of member of the Child Welfare Committee, Kollam, is the subject matter of this appeal. The Appellant -the original Petitioner, filed a writ petition to challenge the appointment of Respondent No. 8 as a member of the Child Welfare Committee and for a prayer to appoint the Appellant as a member. The learned Single Judge dismissed the writ petition. Hence, the Appellant filed this appeal under Section 5 of the Kerala High Court Act, 1958.

2. The Child Welfare Committee is constituted under Section 27 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (Act of 2015) for every district. This Committee consists of a Chairman and four other members. Exercising the powers under Section 110(1) of the Act of 2015, Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (Rules of 2016) have been framed by the Central Government. Chapter IV of the Rules of 2016 provides for the Child Welfare Committee. Rule 87 of the Rules of 2016 enables the State Government to constitute the Selection Committee. The Selection Committee consists of a retired judge of the High Court as the Chairperson to be appointed in consultation with the Chief Justice of the High Court concerned and a representative from the department as specified, representatives from non-governmental organisations, academic bodies, universities, etc. The State of Kerala, by notification dated 18 July 2017, has framed the Juvenile Justice (Care and Protection of Children) Constitution of Child Welfare Committees and Juvenile Justice Boards (Kerala) Rules, 2017 (Rules of 2017), which provides for the constitution of the Committee, qualifications for the Chairperson and members of the Committee, and the tenure of the Committee.

3. By Exhibit-P2 notification dated 26 November 2021 issued by the Women and Child Development Department, applications were invited for appointment to the posts of the Chairperson and members of the Child Welfare Committees in 14 Districts in the State of Kerala. The notification states that as per the Act of 2015, applications are invited to appoint the Chairman and four members of the Child Welfare Committee each in 14 Districts of Kerala. The period of appointment was for three years.

4. The Appellant applied pursuant to Exhibit-P2 notification. Twenty-nine applications received were found to be eligible. Interviews were held on 22 March 2022. The Appellant participated in the interview. Thereafter, a list was prepared. The Appellant was given a ranking at No. 9. A recommended panel list for the Child Welfare Committee was prepared. It included Mr. Sanil Kumar S. as Chairperson of the Committee, Ms. Ambika Sony, Ms. Aswathy Viswan and Ms. Renjana A. R. as three members, and Mr. Alan M. Alexander, Respondent No. 8, was recommended as a member of the Committee. Mr. C. Krishnankutty Nair, the Appellant, was placed at No. 1 on the waiting list of the Child Welfare Committee members. Appointments were made by appointing the members from the recommended panel list as above, who were notified in the Official Gazette issued on 16 June 2022, including the Child Welfare Committee of the Kollam District. The Appellant was not appointed.

5. The Appellant filed W. P. (C) No. 21014 of 2022, challenging the appointment of Respondent No. 8 on the ground that he is not qualified as per the eligibility criteria laid down in the Act of 2015 and the State Rules of 2017. The main contention of the Appellant was that Respondent No. 8 lacks the mandatory seven years of experience in the areas connected with the welfare of children. According to the Appellant, he not only was fully qualified to have the necessary educational qualifications but also has experience of more than seven years in the areas connected with the welfare of children and being next on the waiting list, he should be appointed after setting aside the appointment of Respondent No. 8.

6. The State has filed a counter affidavit date