The Kerala High Court has quashed the appointment of a member to the Child Welfare Committee in Kollam, thereby allowing the original petitioner, C. Krishnankutty Nair, to be appointed instead.

This Court made the observation in an Appeal against the dismissal of a writ petition concerning the qualifications and selection process for committee members under the Juvenile Justice (Care and Protection of Children) Act, 2015.

The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu, observed that the Child Welfare Committees are integral to the Juvenile Justice Act's implementation.

They highlighted the importance of selecting members who possess significant experience and involvement in child welfare activities. "Before parting, we again emphasise the need to carefully select members of the Child Welfare Committee. These Committees are a crucial component for implementing the Juvenile Justice Act. The purpose of establishing the Child Welfare Committee and its functions requires its members to adopt a sensitive approach. The members must have a deep understanding of the matters concerning children," the Court said.

The Court emphasized the necessity for committee members to have a deep understanding of issues concerning children in need of protection, stating that "a person actively involved in the health, education, and welfare activities of children through his experience can make a difference in the functioning of the Committee."

Facts of the Case

The controversy began when the Women & Child Development Department issued a notification inviting applications for positions on the Child Welfare Committees across 14 districts in Kerala, including Kollam. Following the interview process, a panel was prepared, wherein Mr. Alan M. Alexander was selected as a member, placing C. Krishnankutty Nair at the top of the waiting list. Nair challenged the appointment of Alexander, arguing that he did not meet the necessary qualifications outlined in the Act, specifically the required seven years of experience in child welfare.

The learned Single Judge dismissed Nair's initial writ petition, asserting that the court had limited jurisdiction in reviewing the Selection Committee's decisions. Nair subsequently filed an appeal, insisting on his entitlement to the position based on his qualifications and waiting list status.

Court's Observation

The Bench further pointed out that Nair’s qualifications were uncontested and that, under the statutory rules, he is entitled to be appointed in case of a vacancy, as the three-year term for the panel had not yet elapsed.

Consequently, the Court quashed the appointment of Alexander and directed the State to officially appoint Nair within one week, reinforcing the need for competent and sensitive oversight in matters pertaining to child welfare.

Cause Title: C. Krishnakutty Nair v. Principal Secretary [Neutral Citation No. 2025:KER:13641]

Appearance:-

Respondent: Advocate S.Sreekumar

Click here to read/download the Judgment


Chief Justice Nitin JamdarJustice S ManuKerala High CourtJuvenile Justice (Care and Protection of the Children) Act 2015

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.