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2016 Supreme(Online)(KER) 43102
HIGH COURT OF KERALA
SHAJI P.CHALY, J
SEENA JOHNSON – Appellant
Versus
THE DIRECTOR – Respondent
WRIT PETITION (CIVIL) 37778/2016
The ruling underscored the necessity for timely appointments in accordance with statutory requirements to uphold the integrity of the Child Welfare Committee.
Headnote:
Selection - Child Welfare Committee - Juvenile Justice (Care and Protection of Children) Act, 2000 - The court mandated the timely appointment of selected candidates, emphasizing adherence to amended qualifications under the Act.
Fact of the Case:
The petitioner was selected for a member position in the Child Welfare Committee but faced delays in appointment despite meeting the necessary criteria under the Juvenile Justice Act.
Finding of the Court:
The court ordered that the selection minutes be considered and directed the government to expedite the appointment process in alignment with the updated rules.
Issues: Whether the delay in appointing selected members of the Child Welfare Committee constitutes a violation of statutory provisions.
Ratio Decidendi: The court highlighted the importance of adhering to procedural timelines for appointments as stipulated by law.
Final Decision: The writ petition was disposed of with directions for immediate action on the appointment.
JUDGMENT
Petitioner is one of the candidates duly selected by the selection committee for the post of member in Child Welfare Committee at Ernakulam District as per the provision of the Juvenile Justice (Care and protection of Children) Act, 2000. According to the petitioner, for reasons best known to the respondents, in spite of the selection, appointments are not made. It is thereupon seeking appropriate direction, this writ petition is filed.
2. When the matter came up for admission on
14.12.2016, a direction was issued to produce files before this Court pertaining to the selection of the members of the Committee. Accordingly, file is produced before this Court which contains the minutes dated 22.12.2015 and petitioner is selected as a member of the Child Welfare Committee and her name is reflected in serial No.6. According to the learned Government Pleader, same is forwarded to the Government and Government is to pass appropriate orders appointing the Members of the Committee, including the Petitioner. However, it is submitted that the rules are amended and fresh qualifications are prescribed in the year 2014.
3. Having heard learned counsel for the petitioner, learned senior Government Pleader and perusing the pleadings, documents and file produced before me, there will be a direction to the second respondent to take on board the minutes dated 22.12.2015 submitted in respect of the Chairperson and Members of the Child Welfare Committee and issue necessary orders, in accordance with the amended rules, at the earliest, and at any rate, within a month from the date of receipt of a copy of this judgment.
Writ petition is disposed accordingly.
