Karnataka High Court Upholds of Selection Process of Chairman of  Child Rights Commission

In a significant ruling today, the High Court of Karnataka, presided over by the Hon’ble Mr. Justice M. Nagaprasanna, upheld the appointment of the fifth respondent as Chairperson of the Karnataka State Commission for Protection of Child Rights, dismissing a writ petition that challenged the selection process.

The Court’s decision emphasized the autonomy and integrity of the selection process, as it observed, “The discretion available to this Court is exercisable only in certain circumstances, qua challenge to an appointment made by the Selection Committee, which would be arbitrariness and such arbitrariness should be palpable or demonstrable.” This statement became a focal point in the Court’s reasoning, highlighting the restrained approach taken by the judiciary in matters of public employment selection.

The petition, filed under Articles 226 and 227 of the Constitution of India, called into question the procedures followed in the appointment of the fifth respondent, arguing that the petitioner held superior qualifications and experience in child rights advocacy. However, the Court found no merit in the allegations, stating that the Selection Committee’s decision, formed under the statutory framework of the Commissions for Protection of Child Rights Act, 2005, and the Karnataka State Commission for Protection of Child Rights Rules, 2010, was not tainted by arbitrariness or statutory violation.

The Court also referenced the Supreme Court’s judgment in Tajvir Singh Sodhi v. State of Jammu and Kashmir, to reinforce its stance on judicial non-interference in the selection process. The judgment cited states, “The law on the scope and extent of judicial review of a selection process and results thereof, may be understood on consideration of the following case law.”

Date of decision:18 november 2023

Sri ashok d. Sanadi VS  The chief secretary government of karnataka