Karnataka High Court
H C Raghavendra vs The State Of Karnataka on 14 February, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:3073
WP No. 106641 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 106641 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 -583132.
...PETITIONER
(BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF WOMEN AND
VISHAL
NINGAPPA CHILD WELFARE
PATTIHAL
BY ITS PRINCIPAL SECRETARY,
VIDHAN SOUDHA,
Digitally signed by VISHAL
NINGAPPA PATTIHAL
Location: High Court of
Karnataka Dharwad Bench
Date: 2025.02.19 10:32:36
BENGALURU -560001.
+0530
2. THE PRESIDENT,
DIRECTORATE OF CHILD
PROTECTION AND MEMBER SECRETARY,
STATE LEVEL SELECTION COMMITTEE,
3RD FLOOR, VISHWESHWARAIAH MINI TOWER,
DR. AMBEDKAR VEEDHI,
BENGALURU -560001.
3. THE DIRECTOR,
DIRECTORATE OF CHILD PROTECTION,
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NC: 2025:KHC-D:3073
WP No. 106641 of 2024
3RD FLOOR,
VISHWESHWARAIAH MINI TOWER,
DR. AMBEDKAR VEEDHI,
BENGALURU -560001.
4. TRIVENI PATTAR RAMESH
W/O D.L. PRAKASH ACHARI,
AGE ABOUT 42 YEARS,
OCC. ADVOCATE,
R/O. KEMPAGAL ROAD,
1ST CROSS,
MARAMMA TEMPLE LINE NEAR BANNI TREE,
BELLARY -583103.
...RESPONDENTS
(BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R3,
SRI B. S. SANGATI, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA IS PRAYING TO, 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.2/BELLARY PASSED BY RESPONDENT NO.3 PERTAINING
SELECTION LIST OF CHAIRPERSON 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 REPRESENTATION OF THE
PETITIONER VIDE ANNEXURE-E DATED 20.10.2023 THEREBY
REQUESTING THE RESPONDENT NO.2 FOR AFFORDING HIM AN
OPPORTUNITY FOR UNDERGOING INTERVIEW. PASS ANY
OTHER ORDER/RELIEF, THAT THIS HON'BLE COURT DEEMS FIT
IN THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE
INEREST OF JUSTICE AND EQUITY.
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NC: 2025:KHC-D:3073
WP No. 106641 of 2024
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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.S.Sangati appearing for respondent No.4
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 -4- NC: 2025:KHC-D:3073 WP No. 106641 of 2024 the said notification. The respondent No.2 then on scrutiny of the applications is said to have shortlisted the 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.-5-
NC: 2025:KHC-D:3073 WP No. 106641 of 2024
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 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 No.4 is chosen to be selected to the post of Chairperson, but in the light of the interim order granted, -6- NC: 2025:KHC-D:3073 WP No. 106641 of 2024 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.
7. Learned counsel for the respondent No.4 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 -7- NC: 2025:KHC-D:3073 WP No. 106641 of 2024 Justice (Care and Protection of Children) Model Rules, 2016(for short "the Rules"). Rule-15 of the Rules is what is germane to considered in the case at hand. It reads as follows.
"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- -8-
NC: 2025:KHC-D:3073 WP No. 106641 of 2024 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 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 -9- NC: 2025:KHC-D:3073 WP No. 106641 of 2024 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 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 places is an embargo, is not applicable, to
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NC: 2025:KHC-D:3073 WP No. 106641 of 2024 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.
11. Therefore the candidature of the petitioner could not have been brushed aside taking recourse to the aforesaid sub rule of Rule-15, 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.
12. 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
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NC: 2025:KHC-D:3073 WP No. 106641 of 2024 concluded within six weeks from the date of receipt of copy of this order, if not earlier.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE RHR/-
List No.: 1 Sl No.: 67