HC clears decks for constitution of Tamil Nadu Commission for Protection of Child Rights

Madras High Court clears way for Tamil Nadu Child Rights Commission after legal dispute, ensuring psychologist's service recognition.

The Madras High Court has finally cleared the decks for the constitution of the Tamil Nadu Commission for the Protection of Child Rights (TNCPCR) which has remained dormant for nearly three years due to a pending case. The legal dispute had arisen after the State government in February 2022 prematurely dissolved the commission constituted in January 2021 for a period of three years.

A Division Bench of Justices Anita Sumanth and G. Arul Murugan recently disposed of a writ appeal preferred by the State government in 2022 after finding that the dispute raised by one of the members, psychologist Saranya T. Jayakumar of Chennai, regarding premature dissolution had become infructuous since the tenure of the 2021 commission had ended in January 2024 itself.

The judges, however, recorded the submission of Advocate General P.S. Raman that the entirety of the psychologist’s tenure between January 20, 2021 and January 19, 2024 would be reckoned as her effective service in the commission and due weightage would be given to it as and when she applies pursuant to the notification to be issued shortly for constitution of the next commission.

It was on March 4, 2022 that Justice Sumanth, sitting single, had stayed the operation of a Government Order (G.O.) issued on February 23, 2022 (after a change of regime in the State) for cancelling the January 18, 2021 G.O., through which a chairperson and six members were appointed to the TNCPCR. The interim stay was granted on a writ petition filed by Ms. Jayakumar questioning the validity of the 2022 G.O.

On July 13, 2022, Justice Abdul Quddhose allowed the writ petition and quashed the G.O. However, the single judge’s verdict was stayed by a Division Bench of the High Court on September 15, 2022. Thereafter, Ms. Jayakumar took the matter to the Supreme Court which on January 16, 2023 requested the Division Bench of the High Court to dispose of the State appeal within six weeks.

However, the appeal was not listed for long until the Bench led by Justice Sumanth took it up recently and closed the matter after recording A-G’s submission that the State would constitute the commission afresh shortly and that the writ petitioner could also participate in the selection process with due weightage to be given to her tenure between 2021 and 2024.