1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5659 OF 2009 Shivniketan Mahila Vikas Sevabhavi Sanstha's Adhar Balak Ashram, Banwas, Tq. Palam, Dist-Parbhani, Through its President, Sau. Sindhubai Ramesh Landge, Age-35 years, Occu:Household, R/o-Banwas, Tq-Palam, Dist-Parbhani. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the President, Women and Child Development Department, Mantralaya, Mumbai, 2) The Commissioner, Women and Child Development Maharashtra State, Pune, 3) The District Women and Child Development Officer, Near Bus Stand, Parbhani, District-Parbhani. ...RESPONDENTS. ... Shri.V.D. Hon Advocate for Petitioner. Smt. A.V. Gondhalekar, A.G.P. for the Respondent Nos. 1 to 3. ... 2 WITH WRIT PETITION NO.5665 OF 2009 Chhatrapati Shahu Maharaj Educational Institution's Ahilyadevi Balak Ashram, Tadkalas, Tq-Purna, Dist-Parbhani, Through its Secretary, Deelip Ramrao Wadkute, Age-30 years, Occu:Agriculture, R/o-Govind Niwas, Kalyannagar, Parbhani, Dist-Parbhani. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the President, Women and Child Development Department, Mantralaya, Mumbai, 2) The Commissioner, Women and Child Development Maharashtra State, Pune, 3) The District Women and Child Development Officer, Near Bus Stand, Parbhani, District-Parbhani. ...RESPONDENTS. ... Shri.V.D. Hon Advocate for Petitioner. Smt. A.V. Gondhalekar, A.G.P. for the Respondent Nos. 1 to 3. ... CORAM: NARESH H. PATIL AND K.U. CHANDWAL, JJ. DATE : 14TH DECEMBER, 2009. 3 ORAL JUDGMENT [PER: NARESH H. PATIL, J.] : 1. Rule. Rule made returnable forthwith. 2. According to the Petitioners, they started running Balak Ashram under the scheme floated by the Government under the Government Resolution dated 1st November, 2008. In the submission of learned counsel for the Petitioners, the Petitioners made huge investment, constructed the building and started Balak Ashram. For final permission the proposal is to be considered by the Respondent No.2 the Commissioner, Women and Child Development, Maharashtra State, Pune. The spot inspection was carried out by the District Women and Child Development Officer dated 11th June, 2009. The District Women and Child Development Officer observed in the report that the Petitioners have constructed building, bath rooms etc. and therefore, are entitled to run the Balak Ashram. It was further recommended that the Petitioners are entitled to final approval 4 certificate. 3. It is the grievance of the learned counsel Shri Hon appearing for the Petitioners that inspite of these developments, the Respondent No.2 - Commissioner rejected the final approval to the Petitioners on the ground that the Petitioners do not satisfy conditions in respect of building, bath room etc. 4. Affidavit in reply is filed by the Respondents in both the Writ Petitions, which we have perused. 5. The learned A.G.P. Mrs. Gondhalekar, apart from the grounds stated in the impugned order by the Commissioner, raised a issue that the the Petitioner institutions are not registered under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 and therefore the Petitioners do not satisfy the condition No. (A) under the Government Resolution dated 1st November, 2008. The learned A.G.P. is not 5 instructed to state as to whether the concerned Respondent No.2 had received any other contrary report submitted by some officer than the District Women and Child Development Officer, Parbhani. 6. We have perused the reply filed and the impugned orders. It is true that the impugned order is passed on the ground by the Respondent No.2 that the Petitioners do not satisfy the conditions in respect of building, bath rooms etc. The issue of non registration of the Petitioner societies under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, as submitted by the learned A.G.P., is not reflected in the impugned order. The Petitioners submits that they have registered the institutions under the Bombay Public Trust Act. 7. In the light of the submissions advanced, we find that the fresh consideration of the matter is necessary on the part of the Respondent No.2 6 Commissioner. In case the State Government/ the Commissioner is of the opinion that under the Government Resolution dated 1st November, 2008 a society has to get itself registered under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, then by issuing appropriate corrigendum it must be informed to the prospective applicants regarding such condition. In absence therefore, the Condition No. (A) as stipulated in the Government Resolution dated 1st November, 2008 would be prone to variety of interpretations time and again. 8. We direct the Respondent No.2 - the Commissioner, to examine all the pending cases of this nature from this angle and the observations made by us as above and pass appropriate orders. In deserving cases, we direct the Respondent No.2 to hear the applicants who were granted initial permission to start Balak Ashram, before passing any adverse order. This would be in tune with the principles of natural justice also. Such step and 7 action on the part of the authorities concerned would curtail unnecessary generation of the litigation. 9. We, therefore, quash and set aside the impugned orders passed by the Respondent No.2. The matters are remanded back to the Respondent No.2, who shall consider the case of the Petitioners strictly in accordance with the record and the scheme floated by the State Government and pass appropriate orders, after hearing the representatives of the Petitioners. The Petitioners shall appear before the Respondent No. 2 - the Commissioner on 22nd December, 2009 at 11.00 a.m. We direct the Respondent No.2 to pass appropriate orders in the matter of the Petitioners within three months from today and communicate the same to the Petitioners. We express no opinion on the merits of the matter. The learned A.G.P. is directed to intimate this order to Respondent No.2. 8 10. Rule is made absolute on the terms indicated above. . Authenticated copy of this order be provided to the learned A.G.P. [K.U. CHANDIWAL, J.] [NARESH H. PATIL,J.] asb/DEC09/wp5659.09