AIR 2001 (NOC) 91 (KER) ::2001 LAB. I. C. 3601 ::(2002) 1 HinduLR 504 ::(2001) 4 CivLJ 816 ::(2001) 3 Ker LT 293 ::(2001) 2 Ker LJ 464

Kerala High Court

Hon'ble Judge(s): J. B. Koshy , J

Family Courts Act (66 of 1984) , S.6-FamilyCourts(Procedure)Rules(1989)R18— Appointment - Principal Counsellors in Family Courts - No age limit prescribed under rules - Prescription of some criteria with regard to age in short listing applications and giving some guidelines for preparing panel - Cannot be held to be illegal so long as there is no provision in Act or rules fixing maximum or minimum age. After amendment of rule 18, of Family Court (Procedure) Rules (1989) there is no age limit prescribed under the Act or Rules for the appointment of Principal Counsellor and their appointment has to be done from the panel prepared by the High Court. Therefore, for appointment, a panel has to be prepared by the High Court. The criteria for preparing the panel has to be fixed by the High Court taking into account the qualification prescribed by the Rules. It should not be contrary to the provisions of the Act or rules. Hence prescription of some criteria with regard to age in short-listing the applications and giving some guidelines for preparing the panel cannot be held to be illegal or contrary so long as no provision in the Act or rules fixing maximum or minimum age. Since it is a special post created by the rules with specific functions and role in settlement of family disputes, minimum or maximum age for regular appointment of State or Central Governmen....