The appointment to a vacancy in the Committee is limited to the remaining term of the existing Committee as per governing rules.

JUDGMENT

The writ petition is filed challenging Ext.P4 to the extent it limits the petitioner's term of appointment as a member of the Child Welfare Committee for Kollam District co-terminus with the term of the Child Welfare Committee then in office. The essential facts are as under;

By Ext.P2 notification dated 26.11.2021, the Women and Child Development Department invited applications to the posts of Chairperson and members of the Child Welfare Committees in 14 districts in the State of Kerala. The petitioner responded to the application and pursuant to an interview, was placed at Rank No.9 for the Child Welfare Committee, Kollam. Thereafter, the Chairperson and four members were appointed and the petitioner became No.1 in the waiting list of selected persons. The appointment of Sri.Alan M Alexander as a member of the Child Welfare Committee was challenged by the petitioner on the ground that he does not have the requisite qualification prescribed in the Juvenile Justice (Care and Protection of Children) Act, 2015 ('the Act' for short). Though the writ petition was dismissed by the Single Bench, the petitioner took up the matter in appeal and the appeal was allowed by the Division Bench as per Ext.P3 judgment, finding the appointment of Sri.Alan M Alexander to be illegal and declaring the petitioner, the next person in the waiting list, eligible to be appointed in his place. The Division Bench also directed to issue necessary orders within one week. In compliance of the direction, the Government issued Ext.P4 order removing Sri.Alan M Alexander from the Committee and appointing the petitioner to that vacancy. Thereupon, the petitioner preferred Ext.P5 representation requesting to appoint him for three years, instead of appointing him to the vacancy, thereby limiting his tenure to the term of the existing Committee. The Government having rejected the request vide Ext.P6, this writ petition is filed.

2. Adv.A.Jayasankar, the learned counsel appearing for the petitioner submitted that the Child Welfare Committee, Kollam was reconstituted with new members on 16.06.2022. Immediately thereafter the writ petition challenging the appointment of Sri.Alan M Alexander was filed and the same was dismissed on 02.09.2024. That judgment was challenged before the Division Bench and the appeal allowed as per Ext.P3 judgment dated 18.02.2025. The order appointing the petitioner as a member of the Committee was issued thereafter on 25.03.2025. By the time the petitioner was appointed, the existing Committee had onlythree months left, since the tenure of the Committee prescribed in Rule 9 of the Juvenile Justice (Care and Protection of Children) Constitution of Child Welfare Committees and Juvenile Justice Boards (Kerala) Rules, 2017 (' Rules of 2017 ' for short)

being three years.

3. It is contended that as per Rule 9(4) of the Rules of 2017 , a vacancy in the Committee has to be filled up by appointment of another person from the panel prepared by the Selection Committee and the newly inducted member would continue as such for a period not exceeding three years. Therefore, irrespective of the tenure of the Committee, the member inducted to a vacancy is entitled to continue for three years.

4.Advocate Appu P.S., the learned Government Pleader submitted that the term of the Child Welfare Committee, Kollam expired on 15.06.2025 and was extended up to 16.09.2025 by Exts.R1(d) and R1(e) Government Orders. Thereafter, fresh selection was conducted and a new Committee constituted as per Ext.R1(g) order dated 06.11.2025. Only by reason of this Court's interim order dated 26.09.2025, permitting the petitioner to continue as member of the Child Welfare Committee, Kollam, the appointment of the new members is not being effected, which, in t