[Cites 1, Cited by 0]
Kerala High Court
C Krishnankutty Nair vs State Of Kerala on 6 December, 2025
Author: V.G.Arun
Bench: V.G.Arun
W.P.(C)No.30033/25
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2025:KER:95239
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
SATURDAY, THE 6TH DAY OF DECEMBER 2025 / 15TH AGRAHAYANA, 1947
WP(C) NO. 30033 OF 2025
PETITIONER:
C KRISHNANKUTTY NAIR
AGED 68 YEARS
[MEMBER, CHILD WELFARE COMMITTEE, KOLLAM] S/O.
CHELLAPPAN PILLAI, RESIDING AT SREEKRISHNA BHAVAN,
KIZHAVOOR, MUKHATHALA P.O., KOLLAM, PIN - 691577
BY ADVS.
SRI.MANU GOVIND
SHRI.A.JAYASANKAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, WOMEN & CHILD
DEVELOPMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR, WOMEN & CHILD DEVELOPMENT DIRECTORATE
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012
SMT. AMMINIKUTTY, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.30033/25
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V.G.ARUN, J
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W.P.(C).No.30033 of 2025
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Dated this the 6th day of December, 2025
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
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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.
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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
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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
turn, has brought the functioning of the Child Welfare Committee
to a stand still.
5. It is contended that as per Rule 9(1) of the Rules of 2017
the term of office of the Chairperson and members of the
Committee shall not be for a period of more than three years
from the date of their appointment. Sub-rule (4) of Rule 9,
providing for filling up of vacancies from the panel of selected
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persons, leaves no room for doubt that the person appointed to a
vacancy in the Committee can continue only till the term of the
Committee expires. Moreover, in Ext.P3 judgment itself, the
Division Bench has made it clear that appointment of the
petitioner as a member will be for the balance term of the
Committee.
6. The thrust of the arguments being focused on Rule 9 of
the Rules of 2017, the said provision is extracted hereunder for
easy reference;
"9. Tenure of the Committee:- (1)The term of office of the
Chairperson and members of the Committee shall not be for a period of
more than three years from the date of their appointment.
(2)The Chairperson and members of the Committee shall be eligible for
appointment for a period not exceeding three years.
(3)The Chairperson and members of the Committee may resign at any
time by giving one month's notice in writing to the Government, but
shall hold office until his resignation is accepted by the Government.
(4)Any vacancy in the Committee shall be filled up by appointment of
another person from the panel prepared by the Selection Committee
and shall continue as such for a period not exceeding three years."
A conjoint reading of sub-rules (1) and (4) of Rule 9 makes it
abundantly clear that appointment to a vacancy in the Committee,
the term of which shall not be for a period of more than three
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years, can only be for the said period. This is apparent from the
expression 'as such' and the words 'period not exceeding three
years' used in Rule 9(4). Pertinent also to note that, before the
Division Bench, the petitioner had sought appointment only for
the remaining period of the tenure of the Committee, as evident
from paragraph 28 of the judgment extracted below;
"28.The Appellant has stated in the affidavit that having no
proper guidance, there was a delay. He stated that he had engaged
Advocates who initially did not join Respondent No. 8 as a party, which
caused time to be lost, and ultimately, the Appellant chose to appear
in the matter himself. The writ petition was filed on 26 June 2022,
immediately after the notification reconstituting the Child Welfare
Committees issued on 16 June 2022. The writ petition was disposed of two
years thereafter, on 2 September 2024. The appeal was filed on 27
September 2024, and when it came on Board, the learned counsel who
appeared for Respondent No. 8 before the learned Single Judge stated
that he had no instructions and notice had to be issued to Respondent
No. 8, and therefore, the matter has reached such a stage that despite
the Appellant approaching in time, out of three years, substantial
period is lost in this Court. However, it is the contention of the
Appellant that for the remaining period of the tenure, the Appellant be
appointed and also to vindicate the cause he has prosecuted. There is
no debate before us that the Appellant is immediately next on the
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waiting list of the Child Welfare Committee members. The Appellant
has been found eligible and placed on the waiting list. As far as his
qualifications are concerned, the same cannot be disputed. Therefore,
there is no impediment to appoint him in the vacancy."
(underline supplied)
7. The discussion leads to the definite conclusion that the
petitioner has no entitlement, either legally or morally, to demand
that he should be continued as a member for three years from the
date of his appointment. The fact that the tenure of the
Committee of which the petitioner was appointed as a member is
over and a new Chairperson as well as members for the Child
Welfare Committee, Kollam district have been selected also fortify
the conclusion.
For the aforementioned reasons, the writ petition is
dismissed.
sd/-
V.G.ARUN, JUDGE
sj
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APPENDIX OF WP(C) NO. 30033 OF 2025
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE GAZETTE NOTIFICATION NO.
G.O.(P) 12/2017/SJD DATED DATED
24.07.2017
Exhibit P2 TRUE COPY OF THE NOTIFICATION NO. ICPS-
3/9408(2)/2020 DATED 26.11.2021 OF THE
1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED
18.02.2025 IN WA NO. 1737/2024 OF THIS
HONOURABLE COURT
Exhibit P4 TRUE COPY OF THE GAZETTE NOTIFICATION NO.
GO(P) 1/2025/WCDD DATED 25.03.2025
Exhibit P5 TRUE COPY OF REPRESENTATION DATED
01.04.2025 SUBMITTED BEFORE THE PRINCIPAL
SECRETARY OF THE 1ST RESPONDENT BY THE
PETITIONER
Exhibit P6 TRUE COPY OF THE GOVERNMENT LETTER
NO.WCD-C2/68/2024-WCD DATED 15.05.2025
Exhibit P7 TRUE COPY OF THE LETTER NO.WCD-
C2/68/2024-WCD DATED 05.06.2025
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the GO (P) No. 8/2021-SJD
dated 09.02.2021
Exhibit R1(b) True copy of the GO (P) No. 8/2022-WCDD
dated 16.06.2022
Exhibit R1(d) True copy of the GO (Rt) No. 252/2025-
WCDD dated 02.06.2025
Exhibit R1(e) True copy of the GO (P) No. 398/2025-WCDD
dated 16.09.2025
Exhibit R1(f) True copy of the GO (P) No. 4/2025-WCDD
dated 15.07.2025
Exhibit R1(c) True copy of the GO (P) No. 1/2025-WCDD
dated 25.03.2025
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Exhibit R1(g) True copy of the notification dated
6.11.2025 as per the GO (P) No. 9/2025
/WCDD
