Files on selection of child rights panel chief sought

The High Court has directed the State to produce the records pertaining to the recruitment to ascertain as to whether due procedures have been followed. Threatening to issue suo moto quo warranto petition if the appointment is in breach of the sworn affidavit of the state government, the first bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan, said, “In our view, there can be no doubt that a transparent process has to be followed. But the appointment prima facie appears to be in breach of the affidavit furnished to this court.”

The matter relates to a public interest litigation moved by Change India, represented by A Narayanan. He had contended that the GO issued on September 1, relating to Kalyani Mathivanan’s appointment, merely refers to the selection having been made based on the basis of the recommendation of a three-member selection committee, while the affidavit filed by the State on June 20 regarding the process of recruitment presents a different picture.

Narayanan submitted that the procedure prescribed as per Commissions for Protection Child Rights Act involves advertisement in dailies inviting applications. On receipt of the same, the government should scrutinise them and place it before the selection committee. 

He further submitted that the appointment has been made in complete breach of the affidavit filed before this court, as no applications were invited by any press release. 

The bench, before seeking for the records pertaining to the appointment, also recorded the aspect that, “On our query, Advocate General concedes that no press release was issued, but states that some applications were obtained, but is unable to state the process for the same.” 

The case has been listed for compliance to September 23.