Karnataka High Court
Ambresha K vs The State Of Karnataka on 20 February, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:3555
WP No. 106640 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 106640 OF 2024 (GM-RES)
BETWEEN:
AMBRESHA K.,
AGE. 38 YEARS, OCC. BUSINESS,
R/O. 7TH WARD,
NEAR SOCIETY ANANATHSHAYANA GUDI,
HOSAPETE, DIST. VIJAYANAGAR -583201.
...PETITIONER
(BY SRI VISHWANATH S. BICHAGATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF WOMEN AND CHILD WELFARE,
BY ITS PRINCIPAL SECRETARY,
VIDHAN SOUDHA, BENGALURU -560001.
Digitally signed 2. THE DIRECTOR,
by VISHAL
NINGAPPA DIRECTORATE OF CHILD PROTECTION,
PATTIHAL
Location: High
3RD FLOOR, VISHWESHWARAIAH MINI TOWER,
Court of
Karnataka,
DR. AMBEDKAR VEEDHI, BENGALURU- 560001.
Dharwad Bench,
Dharwad
3. THE PRESIDENT,
DIRECTORATE OF CHILD
PROTECTION AND MEMBER SECRETARY
STATE LEVEL SELECTION COMMITTEE,
3RD FLOOR, VISHWESHWARAIAH MINI TOWER,
DR. AMBEDKAR VEEDHI, BENGALURU- 560001.
4. RAJAPPA M. S/O. LATE KENCHAPPA BUDHIHAL,
AGE ABOUT 40 YEARS,
OCC: ADVOCATE,
R/O: HOSAPETE POST, HARAPANAHALLI,
VIJAYANAGAR.
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WP No. 106640 of 2024
5. NETRAVATHI K. W/O SHRINIVAS,
AGE ABOUT 40 YEARS,
OCC: POT SERVICE,
R/O: 19TH WARD, YELLAMANAGUDI,
GANGANAGAR, KAMPLI, HOSAPETE.
6. L. CHEENYA NAYAK S/O L. GEMYA NAYAK,
AGE ABOUT 43 YEARS, OCC: ADVOCATE,
R/O: DASARAHALLI,
TANDA GALLI, POST,
HUVINAGADAGALI, TALUK,
BELLARY DISTRICT.
7. B. MAMATA,
AGE ABOUT 42 YEARS,
OCC: ADVOCATE,
R/O: WARD NO. 23, RAMNAGAR,
NAGALKERE, OPP. VASAVI SCHOOL,
BELLARY.
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R3,
SRI B. C. JNANAYYASWAMY, ADVOCATE FOR R4 TO R7)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA IS PRAYING TO WHEREFORE, IN THE
FACTS AND CIRCUMSTANCES SUBMITTED ABOVE, THE PETITIONER
MOST RESPECTFULLY PRAY THAT THIS HON'BLE COURT MAY BE
PLEASED. A) ISSUE A WRIT IN THE NATURE OF CERTIORARI
QUASHING OF THE IMPUGNED NOTIFICATION DATED 30.10.2024
BEARING NO. SANKHYE/ MARANI/ MARA/ CWC-JJB/ AAYKE-20/23-24
AT SL.NO.24/VIJAYNAGAR PASSED BY RESPONDENT NO.2
PERTAINING SELECTION LIST OF CHILD WELFARE COMMITTEE
(CWC) AT ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY.
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE
REPRESENTATIONS OF THE PETITIONER VIDE ANNEXURE-E DATED
20.10.2023 THEREBY REQUESTING THE RESPONDENT NO.2 FOR
AFFORDING THEM AN OPPORTUNITY FOR UNDERGOING INTERVIEW.
C) TO GRANT SUCH OTHER ORDERS/RELIEFS AS THIS HON'BLE
COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:3555
WP No. 106640 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court calling in question notification dated 30.10.2024 issued by the respondent No.2 selection to the post of Chairperson of Child Welfare Committee (CWC) and has sought consequential mandamus seeking consideration of his representation for appointment.
2. Heard the learned counsel Sri.Vishwanath S. Bichagatti appearing for petitioner and learned AGA Sri.Sharad V. Magadum appearing for respondent Nos.1 to 3 and learned counsel Sri.B. C. Jnanayyaswamy appearing for respondent Nos.4 to 7.
3. Facts adumbrated are as follows:
The respondent No.1-State, issues a notification on 14.07.2022 calling for applications from eligible persons for the post of Chairperson of the CWC. The petitioner finding himself eligible submits an application, pursuant to the said notification. The respondent No.2 then on scrutiny of the applications is said to have short-listed the -4- NC: 2025:KHC-D:3555 WP No. 106640 of 2024 candidates of Bellary district for the purpose of conduct of interview. In the said shortlist, the name of the petitioner was not found. Therefore, the petitioner submitted a representation to the respondent No.2 to consider his candidature for interview, which was not considered. He knocks at the doors of this Court at that juncture in Writ Petition No.100656/2024. Learned Single Judge rejects the petition. The petitioner then files a Writ Appeal No.100064/2024. The Division Bench sets aside the order of the learned Single Judge and issues a mandamus to consider the representation of the petitioner and if he is found otherwise eligible and qualified to be appointed as the Chairperson of the district CWC directed consideration of his application along with application of other persons, if he would fall within the zone of consideration he was directed to be interviewed as well.
4. This having not been done, the petitioner is again at the doors of this Court in the subject petition. This Court protecting the interest of the petitioner has -5- NC: 2025:KHC-D:3555 WP No. 106640 of 2024 granted interim order of stay and therefore there is no selection process taken to its logical conclusion in the light of the interim order.
5. Learned counsel appearing for the petitioner submits that the petitioner does not incur any ineligibility to be considered for the purpose of appointment to the post of Chairperson of the CWC. It is his submission that the petitioner is the most qualified amongst any applicant therein and therefore his candidature cannot be denied.
6. The only impediment that is projected by the counsel for the State is that he is already a member for two terms of the CWC between 2007 to 2010 and 2010 to 2014. Therefore his case cannot be considered is the submission of the learned AGA. He would submit that the respondent Nos.4 to 7 are chosen to be selected to the post of Chairperson, but in the light of the interim order granted and subsisting, there is no Committee functioning as on today. Therefore he would seek dismissal of the petition or a direction to appoint a Committee as it is causing grave disadvantage to the needy. -6-
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7. Learned counsel for the respondent Nos.4 to 7 submits that the matter is yet to get concluded before the Selection Committee. The petitioner is before this Court and Writ Petition is premature. All the respondents would thus seek dismissal of the petition.
8. I have given my anxious consideration to the submissions made by the respective learned counsels and have perused the material on record.
9. The afore-narrated facts are not in dispute, but the dates, link in the chain of events, would require reiteration. A notification issued is on 14.07.2022, calling for applications from eligible person for the post of Chairperson inter alia. The post of Chairperson and the qualification thereto is governed by Section 27 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Rules framed thereunder i.e. the Juvenile Justice (Care and Protection of Children) Model Rules, 2016(for short "the Rules"). Rule-15 of the Rules is what is germane to be considered in the case at hand. It reads as follows.
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NC: 2025:KHC-D:3555 WP No. 106640 of 2024 "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 member 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 not more the sixty- five years and shall have a degree in child psychology or psychiatry or law or social work or socioly development or special education for differently abled children and has been actively involved in health, education or welfare activities pertaining to children for seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human health or education or human development or special education for differently abled children.] (4) A member of the Committee shall be eligible for appointment of maximum of two terms, which shall not be continuous:
[PROVIDED that nothing contained in this sub-rule shall be a bar in case of a member being appointed as Chairperson.] (4A) The person applying for the post of the Chairperson or member of the Committee shall submit an affidavit, as per Form 49, certifying that the applicant is not barred by any of the conditions laid down in sub-
section (4A) of section 27 of the Act. The appropriate Government shall then verify the same as per norm.
(4B) A person associated with an organization receiving foreign contribution shall not be eligible to be a Chairperson or member of the Committee.
(4C) Any person working in the implementation of the Act in any Non-Government Organization or any organization, performing such functions which may cause conflict of interest in discharge of their duties as the Chairperson or member of the Committee shall not be -8- NC: 2025:KHC-D:3555 WP No. 106640 of 2024 eligible for appointment as the Chairperson and member of the Committee.
Explanation: For the removal of doubt, it is hereby clarified that, this may include but is not limited to any of the following situations within the territorial jurisdiction of the Committee:
Explanation: For the removal of doubt it is hereby clarified that this may include but is not limited to any of the following situations within the territorial jurisdiction of the Committee:
(a) any family member is a member of any non-governmental organization;
(b) close relation is a member of any non-
governmental organization;
(c) cases of non-governmental organizations or persons working in a district for rescue and rehabilitation;
(d) a person representing a person who runs a Child Care Institution or member of the Board or Trust of any non-governmental organization.
(4D) If any complaint is made against a Chairperson or member of the Committee, the State Government shall hold an inquiry and if necessary, suspend the person immediately pending inquiry. The inquiry shall be completed within a period of two months and the State Government may take appropriate action within one month of completion of the inquiry.
(4E) No Chairperson or member of the Committee shall be removed without holding an inquiry by the State Government and until that person has been given an opportunity of being heard in the matter.
(4F) If a criminal case is registered against the Chairperson or member concerned, necessary the Government may suspend the concerned Chairperson or member, immediately pending inquiry, for such term as -9- NC: 2025:KHC-D:3555 WP No. 106640 of 2024 appropriate, or after holding an inquiry and giving an opportunity of being heard in the matter.] (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."
10. The Rule-15 prohibits appointment of a member, if the said member has been chosen to be a member for two consecutive terms. The petitioner in the case at hand has been a member between 2007 to 2010 and a Chairperson between 2014 to 2017. Therefore the petitioner has been a member once and Chairperson once. The embargo under Rule-15 supra is a member being appointed twice over, on a continuous basis. Both the conditions that is an embargo, is not applicable to the case of the petitioner as the petitioner is neither appointed as member, continuously nor has been a member twice, he has been a member between 2007 to 2010 and Chairperson from 2014 to 2017. Therefore, the candidature of the petitioner could not have been brushed aside taking recourse to the aforesaid sub rule of Rule-15,
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NC: 2025:KHC-D:3555 WP No. 106640 of 2024 the petitioner's candidature had to be considered along with others. Learned AGA submits that there is a stalemate as there is no committee functioning.
11. Therefore, I deem it appropriate to direct the respondent No.2 to redo the exercise of selection from the stage of scrutinizing of the applications including the application of the petitioner, and all other eligible persons, who would come within the zone of consideration and those persons shall be interviewed and the selection process shall be taken to its logical conclusion in consonance with law. The aforesaid exercise shall get concluded within six weeks from the date of receipt of copy of this order, if not earlier.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE KGK/CT-GTB List No.: 1 Sl No.: 66