V.Murugesh v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2025
CORAM
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.72 of 2025 V. Murugesh .. Petitioner Vs 1.The Principal Secretary to Government, Tamil Nadu Department of Social Welfare and Women Empowerment Fort St.George, Chennai - 600 009.
2. The Member Secretary, Selection Committee Department of Child Welfare and Special Services, No.300, Purasaiwalkam High Road, Kellys, Chennai - 600 010
...Respondents
Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider 1/7
the representation of the petitioner dated 02.12.2024 in order to ensure that the appointment process to the Child Welfare Committee's are made only in accordance with the statutory norms in free and transparent manner and pass orders.
For Petitioner : Mr.K.Karthik For Respondents : Mr.J.Ravindran, Additional Advocate General Assisted by Mr.Yogesh Kannadasan, Special Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondents to consider the representation of the petitioner dated 02.12.2024 in order to ensure that the appointment process to the Child Welfare Committee are made only in accordance with the statutory norms in free and transparent manner.
2. The facts of the case is that the second respondent is the 2/7
competent authority for appointment of Chairpersons and Members to the Child Welfare Committee. The sum and substance of the case is that the second respondent issued public advertisements on 20.02.2024, wherein, applications were invited for appointment of Chairpersons and Members to the Child Welfare Committee in the District of Chennai, Tirupur and Karur. The grievance of the petitioner is that the second respondent has not followed the proper rules and regulations for the selection process. Hence, this petition.
3. The learned counsel for the petitioner submitted that the second respondent has not scrutinized the applications submitted by the candidates properly before calling for the interview. To establish the same, it is evident that, one A.Selvaraj was called for written examination who did not posses a degree, whereas Section 27(4) of the JJ Act prescribes that the member of the committee should possess a degree in Child psychology or Psychiatry or Law or Social work or Sociology or Human Health or Education or Human development. Further, the learned counsel for the petitioner submitted that, any despotic actions by the 3/7
respondents in selecting candidates for the Child Welfare Committee, positions could have adverse impact on the vulnerable children in the society. Hence, the learned counsel prays to allow this petition.
4. Per Contra, the Learned Additional Advocate General appearing for the respondents submitted that, the Government is just processing the applications received from the candidates and only interview is going on and no appointment has been made till date. He further submitted that, the selection process would be carried out strictly in compliance with the law. He also submitted that, the petitioner has no locus to file this Writ Petition, as he is only 27 years old and the minimum eligible criteria for the selection would be 35 years. Hence, the Learned Additional Advocate General sought to dismiss this petition.
5. Heard both sides and perused the materials available on record.
6. Upon hearing both sides, it is made clear that, no appointment has been made till date and the respondents are only scrutinizing the 4/7
applications received from the candidates. However, this Court is of the view that, the entire selection process should be conducted only in accordance with prevailing rules and with strict statutory compliances.
7. In view of the above said position, this Writ Petition is dismissed, only on the ground that, the petitioner has no locus standi. No costs.
09.01.2025 smn/raja Speaking order : Yes/No Index : Yes/No To 1.The Principal Secretary to Government, Tamil Nadu Department of Social Welfare and Women Empowerment Fort St. George, Chennai - 600 009.
2. The Member Secretary, Selection Committee, Department of Child Welfare and Special Services, No.300, Purasaiwalkam High Road, Kellys, Chennai - 600 010 5/7
V.BHAVANI SUBBAROYAN, J.
smn/raja W.P.No.72 of 2025 09.01.2025 6/7
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