The High Court of Jammu & Kashmir and Ladakh has set aside an order by the Child Welfare Committee (CWC) Srinagar that had recommended legal action against a private school for allegedly expelling a six-year-old student. The court ruled that the committee exceeded its jurisdiction under the Juvenile Justice Act.

Justice Sanjay Dhar, hearing a criminal revision petition filed by Oasis Girls School, Gogji Bagh, noted that the child did not fall within the definition of a “child in need of care and protection.” “The Committee has arrogated to itself jurisdiction not vested within it under law and exceeded its authority,” the court held, quashing the May 2, 2024 order.
The case originated from a complaint filed on November 10, 2023, by the child’s father against Oasis Girls School and Foundation World School, Humhama. The complaint alleged that the child had been expelled due to her father reporting irregularities such as fake annual charges and sought her admission in another school. The CWC had concluded that the expulsion was illegal and recommended the Chief Education Officer Srinagar ensure her admission in a nearby girls’ school while advising legal action against the institutions.
Oasis Girls School challenged the order, arguing the CWC had no authority as the child was neither in conflict with the law nor in need of care and protection under the Juvenile Justice Act, 2015. Justice Dhar agreed, observing that Child Welfare Committees are empowered only to handle cases involving children in need of care, protection, treatment, development, or rehabilitation.
The court clarified that the minor, with an actively involved parent pursuing her case, did not qualify as a child in need of care and protection. It also rejected the committee’s reliance on Supreme Court judgments to justify its jurisdiction, noting that the definition of such children is illustrative, not to be expanded indiscriminately.
Finally, the High Court held that even under Section 29 of the Juvenile Justice Act, the CWC had no authority to recommend punitive action against institutions, making its order against the school legally untenable.