Kerala High Court
Shini K K vs State Of Kerala on 23 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:71040
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
WP(C) NO. 34399 OF 2025
PETITIONER:
SHINI K K
AGED 50 YEARS, W/O. K V JOSEPH,
KODAVELIL HOUSE, CHEVARAMBALAM P.O,
KOZHIKODE DISTRICT, PIN - 673017.
BY ADVS.
SHRI.JACOB SEBASTIAN
SMT.SHAMSEERA. C.ASHRAF
SHRI.WINSTON K.V
SMT.ANU JACOB
SMT.ANJANA KRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT,
DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT,
POOJAPPURA, THIRUVANANTHAPURAM DISTRICT,
PIN - 695012.
W.P.(C)No.34399 of 2025
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2 THE MEMBER SECRETARY (DIRECTOR),
STATE CHILD PROTECTION SOCIETY
(GOVERNMENT OF KERALA)
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT,
DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT,
POOJAPPURA, THIRUVANANTHAPURAM DISTRICT,
PIN - 695012.
3 THE SELECTION COMMITTEE FOR CHAIRPERSON AND
MEMBERS TO THE CHILD WELFARE COMMITTEE
REPRESENTED BY ITS CONVENER (DIRECTOR) STATE
CHILD PROTECTION SOCIETY (SCPS), DIRECTORATE
OF WOMEN AND CHILD DEVELOPMENT, POOJAPPURA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695012.
BY ADV.SMT.K.AMMINIKUTTY,
SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.34399 of 2025
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JUDGMENT
Dated this the 23rd day of September, 2025
The petitioner is before this Court aggrieved by the
failure of the respondents to consider her application for
appointment as a member of the Child Welfare Committee,
Kozhikode. The petitioner states that she is a Post Graduate
in Sociology and has experience in child welfare and
protection. The petitioner has been actively involved in
various child related projects since 1996.
2. The respondents issued notification inviting
applications for the positions of Chairperson and Members of
the Child Welfare Committee. The petitioner submitted her
application for appointment as Member of the Child Welfare
Committee, Kozhikode. According to the petitioner, the
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petitioner has not been invited for the interview scheduled to
25.09.2025. On enquiry, the petitioner has learnt that the
petitioner's application was rejected by the respondents on
the ground that she had allegedly served two terms in the
past.
3. Senior Government Pleader entered
appearance and resisted the writ petition. The Senior
Government Pleader denied all the allegations made by the
petitioner in the writ petition. On behalf of the respondents, it
is submitted that as per Ext.P1 notification dated 01.08.2025,
it is a condition that those persons who have served the
Committee for two terms are ineligible for submission of
fresh application. The petitioner has served as a Member of
the Child Welfare Committee, Kozhikode from 14.06.2013 to
08.06.2019. The said period amounts to two terms of three
years each. For that reason alone, the petitioner's
application is liable to be rejected.
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4. Heard.
5. Ext.P1 is the notification on the basis of
which the petitioner's candidature for appointment as
Member of Child Welfare Committee has not been
considered. Condition No.1 in the notification dated
01.08.2025 provides that those persons who have worked as
Chairperson / Member in the Child Welfare Committees for
two terms shall not submit application pursuant to the
notification. The question is whether the petitioner has
worked for two terms.
6. The original tenure of the Committee, to
which the petitioner was selected, was three years from
14.06.2013. However, after that period, the tenure was
extended till 08.06.2019. Thus, the petitioner served the
Committee for nearly six years. Nevertheless, it cannot be
treated as two terms. The period in excess of three years
can only be treated as an extension of the period of the
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same Committee. In that view of the matter, there is no
justification for declining the application submitted by the
petitioner pursuant to Ext.P1.
The writ petition is therefore disposed of directing
respondents 2 and 3 to consider the petitioner for
appointment as the Member of the Child Welfare Committee,
Kozhikode pursuant to Ext.P1 notification. The petitioner will
be permitted to participate in the interview scheduled to be
held on 25.09.2025 or on any other deferred date.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 34399/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE NOTIFICATION NO.
DWCD/2679/2025-ICPS-3 DATED
01.08.2025 ISSUED BY THE FIRST
RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER FOR
APPOINTMENT AS A MEMBER OF THE CHILD
WELFARE COMMITTEE, KOZHIKODE DATED
07.08.2025.
Exhibit-P3 A TRUE COPY OF THE APPLICATION WAS
DELIVERED IN THE OFFICE OF THE SECOND
RESPONDENT ON 11.08.2025 AS EVIDENCED
BY PROOF OF DELIVERY ISSUED BY THE
POSTAL DEPARTMENT.
Exhibit-P4 A TRUE COPY OF THE G.O.(P) NO.
47/2013/SJD DATED 14.06.2013 ISSUED
BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT OF KERALA.
