J&K and Ladakh High Court Rules CWC Lacks Authority to Probe School Expulsion Case [Read Judgment]

Jammu: The High Court of Jammu & Kashmir and Ladakh at Srinagar, in a significant ruling, has set aside the order of the Child Welfare Committee (CWC), Srinagar, which had recommended legal action against Oasis Girls School, Gogji Bagh, for the alleged unlawful expulsion of a minor child. The judgment was delivered by Hon’ble Mr. Justice Sanjay Dhar on December 19, 2025, in Oasis Girls School, Gogji Bagh vs. Ms. XXX (Minor) (Crl R No. 17/2024), and centered on the CWC’s jurisdiction.

The petitioner school challenged the CWC’s order dated May 1, 2024, contending that the Committee lacked jurisdiction to entertain a complaint relating to expulsion or to recommend action against the school. The complaint had been filed by the father of the six-year-old respondent child, alleging illegal expulsion and seeking her admission to another school. The CWC had concluded that “the respondent child has been expelled from the petitioner school illegally” and was “put to discrimination,” and accordingly recommended the Director, School Education, Kashmir, and the District Magistrate, Srinagar, to take appropriate legal action against the school.

The High Court examined in detail the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act”), particularly the definition of a “child in need of care and protection” under Section 2(14). The Court noted that the powers of the CWC under Sections 27(1), 29, and 30 of the Act are confined to dealing with children falling within this category.

Justice Dhar observed that the respondent child “does not fall within the definition of ‘child in need of care and protection’ as contained in Section 2(14) of the JJ Act.” The judgment clarified, “The respondent child is neither a homeless person nor was she found working in contravention of labour laws… she is being well taken care of by her father.” The Court also rejected the CWC’s reliance on a Supreme Court judgment to expansively interpret the definition, holding that the child, having a father to look after her, “by no stretch of reasoning can be termed to be a child in need of care and protection.”

The Court concluded that the CWC had acted beyond its mandate, observing that “the Committee did not have jurisdiction to entertain the complaint and arrogate to itself the power to enquire into the said complaint and make recommendations to different authorities.” Justice Dhar further noted that under Section 29 of the JJ Act, a CWC “does not have jurisdiction to make recommendations for taking action against any institution. It has only the authority to dispose of cases relating to the care, protection, treatment, development, and rehabilitation of children in need of care and protection.”

Accordingly, the Court held that the Committee “has arrogated to itself jurisdiction which is not vested in it under law and has thereby exceeded its jurisdiction in passing the impugned order. The same is, therefore, not sustainable in law.” The petition was allowed, and the CWC’s order was set aside.

Case Details:

Case Name: Oasis Girls School, Gogji Bagh vs. Ms. XXX (Minor)

Case No.: Crl R No. 17/2024

Court: High Court of Jammu & Kashmir and Ladakh at Srinagar

Coram: Hon’ble Mr. Justice Sanjay Dhar

Date of Judgment: December 19, 2025

Advocates for Petitioners/Appellants:
Mr. Aatir Javed Kawoosa, Advocate, along with Mr. Areeb Javed Kawoosa, Advocate

[Read Judgment]