Kerala HC Restrains Newly Appointed Members Of State Child Rights Commission From Functioning [Read Order]

The Kerala High Court on Friday provisionally restrained the newly appointed members of the Kerala State Commission for Protection of Child Rights from functioning as its members and assuming any responsibility.

Justice P.B. Suresh Kumar issued the order on a Petition filed by Dr. Jasmine Alex, after observing that the State had proceeded with the appointments despite its interim order restraining them from filling the posts.

Justice Kumar refused to accept the State’s contention that the interim order had been flouted due to an omission on the part of the Advocate General in informing it of the order. The Court observed that such mistake could have later been corrected after the State was informed of the order.

Besides, it also refused to accept the reliance placed on a Supreme Court order directing State Governments to fill up vacancies in their Commissions. Justice Kumar observed that either the Apex Court or the High Court could have been approached to apprise it of the situation and figure out a suitable solution.

Justice Kumar then rapped the State for the violation of its order, observing, “As observed by the Apex Court in S.P. Gupta v. Union of India 11981 (Supp) SCC 871, if there is one principle which runs through the entire fabric of the Constitution, it is the principle of the rule of law and under the Constitution, it is the judiciary which is entrusted with the task of keeping every organ of the state within the limits of the law and thereby making the rule of law meaningful and effective. If conducts of this nature on the part of the State is permitted, I have no doubt that the aforesaid constitutional obligation of this Court cannot be fulfilled,”

A notification was issued in November last year by the Social Justice Department of the Government, inviting application for appointment as members of the Kerala State Commission for Protection of Child Rights. It had notified six vacancies, out of which, two were reserved for women candidates.

Subsequently, after the change of the Secretary of the Department, a second notification was issued in January this year, calling for applications for the same posts, without any reference to the previous notification or applications. This, Ms. Alex’s Petition had contended, was done in order to facilitate appointment of favored candidates.

“The issuance of Exhibit P3 notification without processing and acting upon the applications received pursuant to Ext.P1 notification is illegal and arbitrary and the same is vitiated by malafides and to favour some vested candidates and it is apprehended that there will not be a free and transparent selection initiated by the second respondent,” the Petition asserted.

Ms. Alex, therefore, demanded that the second notification be set aside, and that the posts be filled from the applications received pursuant to the first notification.