HC warns of judicial intervention on appointment of child

The Madras High Court today observed that "process has not been followed" on the appointment of Kalyani Mathivanan as chairperson of Tamil Nadu Commission for Protection of Child Rights and warned the state government of judicial intervention on the issue.

A Narayanan, director of NGO Change India, had challenged the appointment, contending that the mandatory pre-appointment rules had not been followed in her case.

When the petition came up, the court said, "It is quite obvious that the process has not been followed. We put the learned Advocate General whether he would like to review the issue himself and advise the government appropriately or it would be necessary for judicial intervention, especially keeping in mind the judgment of the Division Bench of the Hon'ble Delhi High Court."
 

The Advocate General, who appeared on behalf the state government, assured the court that he will advise the government which was recorded by the bench.

Earlier, when the matter came up on September 2, the court had said, "The appointment prima facie appears to be in breach of the affidavit furnished to this court."

"The records be, thus, produced in respect of the recruitment process, for us to scrutinise, where after we will examine as to whether suo motu quo warranto petition should be issued questioning the appointment of the chairperson in breach of the sworn affidavit of the state government."

Kalyani was appointed Vice Chancellor of Madurai Kamaraj University on April 9, 2012, but it was set aside by Madurai Bench of the high court on June 26, 2014 on the ground that she had served only as an associate professor and not as a professor as required under UGC regulations. However, the Supreme Court upheld her appointment on March 11, 2015.

Her academic tenure, however, was marked by allegations of inappropriate appointments, instigated assaults on her critics and general campus unrest.

Kalyani's present appointment pertains to an earlier PIL by Narayanan seeking mandatory registration of child care homes and to close down illegal homes not maintaining minimum facilities.