Petitioner, a former CWC member and chairperson, sought mandamus to be interviewed for chairperson of Ballari Child Welfare Committee. The Court held Rule 15(4) caps membership at two non-continuous terms plus one term as chairperson; having served both, he was ineligible. Petition dismissed with liberty to apply as member once more.
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NC: 2024:KHC-D:3365 WP No. 100656 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.100656 OF 2024 (GM-RES)
BETWEEN:
H. C. RAGHAVENDRA AGE. 45 YEARS, OCC: CHILD RIGHTS ACTIVIST (TRAINER) R/O.S/O H. CHANDRASHEKAHAR, 2ND WARD, RAMASAGARA POST, KAMPLI TALUK, BALLARI DISTRICT DIST.-583132.
…PETITIONER
(BY SRI. VISHWANATH S BICHAGATTI & SRI P.C.SAJJANAR., ADVOCATES)
AND:
YASHAVANTNARAYANKAR Digitallysigned byYASHAVANTNARAYANKARDate:2024.02.1515:12:26+0530
…RESPONDENTENTS
(BY SRI PRAVEEN UPPAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 20.10.23 AT
ANNEXURE-E AND DIRECT THE RESPONDENT NO.2 TO INTERVIEW THE PETITIONER TO THE POST OF CHAIRPERSON FOR CHILD WELFARE COMMITTEE, BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
that the petitioner was not called for the interview since, he has already been a member of the Child Welfare Committee and a Chairperson of the Child Welfare Committee once and as such, he would not be eligible for further consideration and in this regard, he relies upon Rule 15 of the Juvenile Justice (Care And Protection Of Children) Model Rules-2016 (hereinafter referred to as ‘the Rules’ for brevity).
NC: 2024:KHC-D:3365 WP No. 100656 of 2024
6. Rule 15 of the Rules read as under;
15 . Composition and Qualifications of Members of the Committee.- (1) There shall be one or more Committees in each district to be constituted by the State Government through a notification in the Official Gazette.
(2) The Chairperson and members of the Committee shall be appointed by the State Government on the recommendation of the Selection Committee under Rule 87 of these rules.
(3) The Chairperson and the members shall be above the age of thirty-five years and shall have a minimum of seven years of experience of working with children in the field of education, health, or welfare activities, or should be a practicing professional with a degree in child psychology or psychiatry or social work or sociology or human development or in the field of law or a retired judicial officer.
(4) A member of the Committee shall be eligible for appointment of maximum of two terms, which shall not be continuous.
(5) All persons, on selection shall mandatorily be given training under Rule 89 within a period of sixty days from the date of appointment.
(6) The Chairperson and the members may resign at any time by giving one month's notice in writing to the State Government.
7. Sub-Rule (1) of the Rules 15 deals with number of
committees in each district; Sub-Rule (2) of Rule 15 deals with the power of the State Government to appoint members on the basis of a recommendation of Selection Committee; Sub-Rule (3) of Rule 15
details out the experience and expertise required of each candidate and Sub-Rule (4) of Rule 15 deals with the period for which a person can be a member of a committee.
apply and such a person can be a Chairperson for one term apart from being a member of the Child Welfare Committee for two terms.
into consideration. The mandate of Sub-Rule (4) of Rule 15 as observed above is required to be taken into account while dealing with those applications and if any person has been appointed in violation of Sub-Rule (4) of Rule 15, necessary action would have to be taken.
Sd/JUDGE
AM
List No.: 1 Sl No.: 64
1 issue framed by the court
Whether a person can be appointed as a member of the Child Welfare Committee for more than two terms or as Chairperson for more than one term under Rule 15(4) of the Model Rules 2016?
1 provisions across 1 enactments
H. C. Raghavendra
The State of Karnataka, Department of Women and Child Welfare
The President, Directorate of Child Protection and Member Secretary, State Level Selection Committee
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
