The central legal principle is that model rules under the Juvenile Justice Act supersede state rules until the state conforms its regulations, ensuring uniformity in qualifications across states.

Judgment

Manjula Chellur, C.J.

The entire controversy in the above writ petition revolves round the rules framed by the State of Kerala under the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act') and the model Rules framed by the Centre by virtue of Section 68 (1) of the said Act. Though the writ petitioner has approached this Court as Pro bono publico by filing a public interest litigation, the relief sought by him is for a issuance of writ of quo warranto questioning the authority of the third respondent holding the public office as Chairperson of the Child Welfare Committee of Kannur district in the absence of having required qualification to hold the office of Chairperson. Allegations are also made against the conduct of the third respondent; which invited a private complaint before the jurisdictional Magistrate, by the petitioner and another complaint before the Government which resulted in Ext.P6 report said to have been submitted by the Deputy Superintendent of Police, W.P.(C) 9164/13 2 Crime Detachment, Kannur.

2. The third respondent was appointed as the Chairperson of the Committee constituted under the Act by virtue of Rule 91 of the Central Rules. According to the petitioner, as on the date of appointment of the third respondent as Chairperson of the Committee, The Kerala Juvenile Justice (Care and Protection of Children) Rules, 2003 was in existence and irrespective of the existence of model rules framed by the Centre, i.e., the Juvenile Justice (Care and Protection of Children) Rules, 2007, the appointment of the Chairperson had to be in accordance with the State Rules of 2003 and not on the basis of model rules of 2007.

3. The Act has come into force with effect from

30.12.2000. Section 68 (1) of the Act confers powers to frame rules on the State Government. Initially, there was no proviso to (1). Later, in 2006, amendment was made by adding proviso. However, as on the date of appointment of the third respondent as Chairperson, (1) had a proviso by virtue of amendment in 2006. If (1) is read along with proviso; it clearly indicates that before inclusion of proviso, State Government was entrusted with the responsibility of making the W.P.(C) 9164/13 3 rules to carry out the purpose of the Act. By virtue of adding proviso, the Central Government is empowered to frame model rules in respect of all or any of the matters with respect to which the State Government can also make rules and in case any such model rules are framed by the Central Government on any such matters, they shall apply to the State until the rules in respect of that matter is made by the State Government and it further mandates that while making such rules, the State Government should as far as practicable conform to the model rules framed by the Centre. (2) refers to several matters upon which the rules may be framed without prejudice to the generality of the powers which includes prescription of qualification of the Chairperson as well. Sub-section (2)(vii) of empowers the rule making authority to make rules regarding qualification of the Chairperson and members as well as tenure to which they are appointed under sub-section (3) of Section 29.

4. It is not in dispute that as early as 2003, State of Kerala made rules for the State known as 'The Kerala Juvenile Justice (Care and Protection of Children) Rules, 2003' by virtue of W.P.(C) 9164/13 4 powers conferred under Section 68 (1) of the Act. Rule 8 under Chapter III of these rules deals with the procedure to constitute Child Welfare Committee and its members including the Chairperson. Sub-rule (2) of rule 8 refers to qualifications of the person to be appointed as the Chairperson of the Committee and it further says, he shall have either of the qualifications referred to at sub-rule 2(a) or 2(b) or 2(c). Sub-rule (2) (a) (b) and (c)

of Rule 8 reads as under:

“8. Child Welfare Committee:

(1) xxxxxxxxxxxxx (2) The Chairperson of the Committee shall be a Law G