Excelsior Correspondent
Srinagar, Dec 20: High Court has quashed the order of Child Welfare Committee (CWC) recommending therein legal action by the Department of Education against a private educational institution for expelling a child from the school citing the CWC has no jurisdiction to recommend such opinion.
A private school-Oasis Girls School challenged order dated 02.05.2024, passed by the Child Welfare Committee, Srinagar, whereby, recommendation has been made to the Director, School Education, Kashmir, and District Magistrate, Srinagar, to take appropriate legal action in accordance with the relevant rules against the petitioner school for unlawfully expelling the child.
The father of the child had made a complaint to Child Welfare Committee, Srinagar through District Social Welfare Officer, Srinagar, Additional Deputy Commissioner, Srinagar, and National Commission for Protection of Child Rights against the petitioner school alleging therein that her six year old daughter has been expelled from the school as the father of the child had reported certain irregularities/illegalities committed by the other two schools relating to fake annual charges etc.
The CWC after registration of case and enquiry, recommended the Chief Education Officer, Srinagar, to enrol/admit the child in a girls only neighbourhood school where she can continue her education without further delay and also recommended that the Director School Education, Kashmir, and District Magistrate, Srinagar, to take appropriate legal action against other two schools including the petitioner school for unlawfully expelling the respondent child and denying education to her for last one and a half years.
“I am afraid the reasoning adopted by the Committee in taking cognizance of the complaint and conducting enquiry into the case relating to the respondent child by bringing her within the purview of the definition of ‘child in need of care and protection’ is wholly misconceived”, Justice Sanjay Dhar recorded while quashing the order of CWC
The court said that in terms of the Juvenile Justice Act, a Child Welfare Committee does not have jurisdiction to make recommendations for taking action against any institution. It has only the authority to dispose of the cases for care, protection, treatment, development, rehabilitation of children in need of care and protection as well as to provide for their basic needs and protection.
“Thus, the recommendation made by the Committee by virtue of the impugned order is beyond its competence. This Court is of the considered opinion that the Committee has arrogated to itself jurisdiction which is not vested within it under law and has thereby exceeded its jurisdiction in passing the impugned order. The same is, therefore, not sustainable in law. Accordingly, the petition is allowed and the impugned order passed by the Child Welfare Committee, Srinagar, is set aside”, the court concluded.
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