Kerala High Court
C. Krishnankutty Nair vs Principal Secretary on 2 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:47864
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
WP(C) NO. 10753 OF 2025
PETITIONER:
C. KRISHNANKUTTY NAIR
AGED 65 YEARS
( PETITIONER AND PARTY-IN-PERSON)
S/O CHELLAPPAN PILLAI,
RESIDING AT SREEKRISHNA BHAVAN,
KIZHAVOOR, MUKHATHALA P.O.,
KOLLAM, PIN - 691577
BY C. KRISHNANKUTTY NAIR(PARTY-IN-PERSON)
RESPONDENTS:
1 PRINCIPAL SECRETARY
WOMEN & CHILD DEVELAPMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 WOMEN CHILD WELFARE DIRECTOR
WOMEN & CHILD DEVELOPMENT DIRECTORATE,
ICPS, POOJAPURA P.O,
THIRUVANANTHAPURAM, PIN - 695012
3 SHEBIN A S
SENIOR GRADE ASSISTANT,
WOMEN AND CHILD DEVELOPMENT DEPARTMENT,
C2 SECTION, SECRETARIAT,
THIRUVANANTHAP,URAM., PIN - 695012
4 NISHAD
PROGRAMME OFFICER,
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W.P.(C) No.10753/2025
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WOMEN AND CHILD DIRECTORATE,
POOJAPPURA PO, THIRUVANANTHAPURAM
(TEMPORARY STAFF), PIN - 695012
5 CHANDRAPRASAD K K
LAW OFFICER, WOMEN AND CHILD DIRECTORATE,
POOJAPPURA PO, THIRUVANANTHAPURAM
(NOW WORKING AS LAW OFFICER INCOLLECTORATE,
ALAPPUZHA), PIN - 695012
BY SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.06.2025, THE COURT ON 02.07.2025 DELIVERED THE
FOLLOWING:
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W.P.(C) No.10753/2025
:3:
N. NAGARESH, J.
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W.P.(C) No.10753 of 2025
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Dated this the 2nd day of July, 2025
JUDGMENT
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The petitioner holds Post Graduation in
Psychology and has 10 months experience in Child Welfare
Activities working in Child Development Project Office. The
writ petition has been filed seeking to dismiss respondents 3
to 5 immediately and to appoint the petitioner in the vacancy.
The petitioner states that he had worked in Integrated Child
Development Project for a period of 10 years and has
gathered experience in evaluating and analysing behaviour of
children. The petitioner has 27 years experience in the
Social Justice Department / Women and Child Care
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Department. He has Post Graduate Diploma in Counselling
Psychology as also in Life Skill Education. The petitioner
claims institutional experience working at "Sarvathrika
Sahodarya Samithi". He has also worked in "Ashraya
Charitable Society". He was a Counsellor of Students for
three years.
2. The petitioner states that the Chairperson
and Members of a Child Welfare Committee shall have
qualifications specified in Section 27(4) of the Juvenile
Justice Act and Rule 15(3) of the Model Rules. The petitioner
responded to Notification dated 26.11.2021 for selection to
the Child Welfare Committee, Kollam District. After
conducting an interview, the Selection Committee submitted
Ext.P4 panel in which there were five candidates in the main
list. The petitioner was ranked as first in the waiting list. By
Ext.P5, Child Welfare Committee was constituted in Kollam
District appointing five persons from the main list.
3. Ext.P5 is the appointment order. From
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among the five members, Smt. Aswathy Viswan was
terminated from the Child Welfare Committee consequent to
disciplinary proceedings. The petitioner applied for the said
vacancy as he was first in the waiting list.
4. The 3rd respondent intentionally rejected the
petitioner's application. The petitioner again submitted
another application. The 3rd respondent sent the file to the
Law Department. The Law Department obtained legal
opinion. The Law Department opined that the Model Rules
will apply to the State till the State frames Rules for the
purpose. The petitioner submits that respondents 3 to 5
committed misconduct and malpractice and acted
dishonestly.
5. The petitioner states that in W.A.
No.1737/2024, a Division Bench, as per judgment dated
18.02.2025, directed to appoint the petitioner within one
week. The order of the Division Bench has not been
implemented till date. The respondents are therefore
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compellable to appoint the petitioner against the vacancy of
Aswathy Viswan, contended the petitioner.
6. The petitioner, who appeared in person,
argued that when Aswathy Viswan was terminated, the
petitioner who was first in the waiting list ought to have been
appointed as he was fully eligible to be appointed as per the
2017 Kerala Rules. Respondents 3 to 5 deliberately quoted
the Model Rules, 2016 in order to reject the candidature of
the petitioner. The petitioner's application was rejected since
respondents 3 to 5 put up notes quoting the Model Rules
which were not in force. Respondents 3 to 5 are therefore
liable to be dismissed.
7. The 1st respondent resisted the writ petition
filing counter affidavit. The 1st respondent stated that
appointment of CWC members is made from the panel list
prepared by the Selection Committee. The Kerala Rules are
silent on the validity of the panel. Therefore, the validity
should be governed by Rule 88 of the Juvenile Justice (Care
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and Protection of Children) Rules, 2016. As per the Rules,
2016, the panel will be valid for one year, extendable by six
months if a new panel has not been constituted. The
petitioner could not have been appointed since the validity of
the panel had expired.
8. The petitioner filed W.P.(C) No.21014/2022.
The writ petition was dismissed as this Court found no
irregularities in the selection process. The petitioner
thereupon filed W.A. No.1737/2024. A Division Bench of this
Court quashed the appointment of Mr. Alan M. Alexander and
ordered to appoint the petitioner as Member of the Kollam
Child Welfare Committee. Based on the said order, the
Government nominated the petitioner as Member of the
Kollam Child Welfare Committee. The writ petition is without
any merit and is liable to be dismissed.
9. I have heard the petitioner in person and the
Government Pleader representing the respondents.
10. The contention of the petitioner is that he
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holds Degree in B.Com, Post Graduation in Psychology, Post
Graduate Diplomas in Counselling Psychology and in Life
Skill Education. The petitioner has immense experience in
child welfare activities, child behaviour, activities relating to
welfare and well being of women and children and destitute
homes. He has also three years experience as Students
Counsellor.
11. In the Selection for appointment as Member,
Child Welfare Committee, Kollam, an interview was
conducted on 22.03.2022 and the petitioner was rank No.1 in
the waiting list. All the five persons included in the main list
were appointed and the service of one of them was later
terminated. The petitioner submitted application for
appointment against that vacancy, he being No.1 in the
waiting list.
12. The specific allegation of the petitioner is
that respondents 3 to 5 colluded to oust the petitioner and
quoted Model Rules, 2017 which stated that the maximum
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validity period of a select list is 18 months. The petitioner
states that the petitioner's case ought to have been governed
by Kerala Rules in which there was no prescription of validity
of select list.
13. It is to be noted that while the petitioner's
application was received by the Kerala Government Law
Department, the matter was sent for legal opinion. The Law
Department opined that since no period has been fixed for
validity of a panel, the Model Rules are applicable. The
petitioner's candidature was rejected based on the said legal
opinion.
14. As the Government has taken a decision
based on legal opinion obtained from the Law Department, I
do not find any reason to find fault with the conduct of
respondents 3 to 5. The petitioner had approached this Court
filing W.P.(C) No.21014/2022 alleging irregularities in the
selection of one Alan Alexander. The writ petition was
dismissed. However, in W.A. No.1737/2024, the Division
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Bench as per judgment dated 18.02.2025 quashed the
appointment of Alan M. Alexander and ordered to appoint the
petitioner as Member of the Kollam Child Welfare Committee.
The counter affidavit filed by the 1st respondent would
indicate that based on the order of the Division Bench of this
Court, the Government nominated the petitioner as Member
of the Child Welfare Committee, Kollam as per Ext.R1(d)
Government Order.
In the circumstances, I do not find any
illegality or arbitrariness to intervene in the proceedings. The
writ petition is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/26.06.2025
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APPENDIX OF WP(C) 10753/2025
PETITIONER'S EXHIBITS
Exhibit P1 NOTIFICATION FOR APPOINTMENT DATED
26.11.2021 AS PER NO .
ICPS/3/9408(2)/2020 BY THE 2ND
RESPONDENT
Exhibit-P2 QUALIFICATION OF THE PETITIONER FOR
APPOINTMENT AS CHILD WELFARE COMMITTEE
MEMBER
Exhibit-P3 TRUE COPY OF NOTICE FOR THE INTERVIEW
OF PETITIONER ON 22.3.2022
Exhibit-P4 PANEL LIST SUBMITTED BY THE SELECTION
COMMITTEE
ExhibitP5 GOVERNMENT ORDER NO. APPOINTING CHILD
WELFARE COMMITTEE MEMBERS KOLLAM
DISTRICT AND OTHER 13 DISTRICT AS PER
GOP NO.8/2022/WCD DT. 16/06/2022
Exhibit-P6 GO(P) 12/17 DT. 18/07/2017 RULES OF
STATE OF KERALA FOR CONSTITUTION OF
CHILD WELFARE COMMITTEE AND JUVENILE
JUSTICE BOARDS KERALA
Exhbit-P7 NOTES WRITTEN BY SHEBIN A.S. SENIOR
GRADE 40 TO 67 ASSISTANT, WOMEN AND
CHILD DEPARTMENT ON APPLICATION
Exhibit-P8 NOTES WRITTEN BY NISHAD K.M PROGRAM
OFFICER ICPS ( WORKING TEMPORALLY)
Exhibit-P9 REJECTION LETTER FROM APPOINTING AS
CHILD WELFARE COMMITTEE MEMBER
ADDRESSED TO THE PETITIONER AS PER
LETTER NO WCD/C2/50/2024 DATED
29.10.2024 BY THE 1ST RESPONDENT
Exhibit-P10 NOTES COPY OBTAINED AS PER RTI ACT
FROM STATE PUBLIC INFORMATION OFFICER
WOMEN AND CHILD DEPARTMENT AS PET
LETTER NO WCD /C2/11/2025 DATED
05.02.2025
Exhibit-P11 COMPLETE NOTE FILE OF THE GO 12/2017
OF KERALA RULES FOR CONSTITUTING CHILD
WELFARE COMMITTEE AND JUVENILE JUSTICE
BOARDS, KERALA
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RESPONDENT'S EXHIBITS
Exhibit Rl(a) True copy of GO(P) No. 12/2017/SJD
dated 18.07.2017.
Exhibit R1(b) True copy of the gazette notification
dated 18.07.2017
exhibit R1(d) True copy of the GO(P) No. |
1/2025/WCDD dated 25.03.2025
EXHIBIT R1 (C) True copy of the relevant
‘extracts of Juvenile Justice
(Care and PROTECTION OF CHILDREN)
model rules 2016
