IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1794 of 2008 Between: M/s. Youth In Action Society, NGO, R.R.District, S.T., 10 Bed Hospital/Dispensary at Tandoor, rep. by its President B.S.RAO, S/o Somulum, R/o 3-2-799, Kachiguda, Cheppal Bazar, Hyderabad-500 027. ..... PETITIONER AND 1 The Commissioner & Director of Tribal Welfare, Welfare Bhavan, Andhra Pradesh, Masab Tank, Hyderabad. 2 The Secretary to Government, Tribal Welfare Department, Secretariat, Saifabad, Hyderabad. 3 The District Collector, Ranga reddy District, Lakdikapool, Hyderabad. 4 The Government of India, represented by its Secretary, Ministryof Tribal Affairs, Sastry Bhavan, New Delhi-110 001. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more especially one in the nature of writ of mandamus declaring the inaction of the 3rd respondent in adopting the rules framed under the Ministry of Tribal Welfare dated 02-06-2005 while giving retrospective effect to the petitioner society which is illegal, arbitrary and violative of Article 19(1) (g) of the Constitution of India and consequently direct the 3rd respondent to forward, recommend and release the grant-in-aid to the petitioner society for the year 2003-04 and 2004-2005 and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.GANESH BHUJANGA RAO VADDURI Counsel for the Respondents.: GP FOR SOCIAL WELFARE The Court made the following : O R D E R : The petitioner Society is a voluntary organization established for the welfare of the Tribal Community. The objects of the petitioner Society are to provide medical aid and its connected activities. It commenced 10 bedded hospital for ST’s at Tandur in Ranga Reddy District, in the year 2000. The Government of Andhra Pradesh represented by its Secretary, Tribal Welfare Department-2nd respondent sanctioned grant-in-aid to the petitioner Society in the year 2000-2001. The project of the petitioner Society was being renewed from time to time and so also grant-in-aid. The petitioner Society submitted applications for sanction of grant-in-aid for the years 2003-2004 and 2004-2005. The District Collector, Ranga Reddy District-3rd respondent has to send the proposals for sanction and renewal of the grant-in-aid, but the 3rd respondent withheld the application of the petitioner Society. This Writ Petition is filed assailing the action of the 3rd respondent. The relief sought for in the Writ Petition reads as hereunder: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a Writ, Order or Direction more especially one in the nature of Writ of Mandamus declaring the inaction of the 3rd respondent in adopting the rules framed under the Ministry of Tribal Welfare dated 02.06.2005 while giving retrospective effect to the petitioner society which is illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India and consequently direct the 3rd respondent to forward, recommend and release the grant-in-aid to the petitioner Society for the years 2003-2004 and 2004-2005, and pass such other order or orders as are deemed fit and proper in the circumstances of the case.” 2. When the Writ Petition came up for admission, learned Government Pleader for Social Welfare received notice and informed the Court that a decision has been taken to re-inspect the facilities of the petitioner Society and file a detailed report in that regard. On 21.04.2008 the learned Assistant Government Pleader for Social Welfare expressed his helplessness in securing instructions from the Commissioner and Director of Tribal Welfare-1st Respondent as well as the Secretary to the Government, Tribal Welfare Department, Secretariat, Hyderabad-2nd respondent in spite of repeated requests made by him. Therefore, the following order came to be passed. “ Learned Assistant Government Pleader for Social Welfare pleads his helplessness in securing instructions from the 1st respondent - Commissioner and Director of Tribal Welfare as well as the Secretary to the Government in the Tribal Welfare Department of Secretariat, in spite of repeated requests made by him. In view of the pathetic position pleaded by the learned Assistant Government Pleader, it appears that the Commissioner and Director of Tribal Welfare, Government of Andhra Pradesh as well as the Secretary or the Principal Secretary to the Government who is in-charge of the Tribal Welfare Department of Secretariat are prima facie not evincing enough interest to administer the respective establishments properly or correctly. They are therefore, called upon to show cause why they be directed not to draw their salary and allowances. The Registry is directed to list this matter after four weeks.” 3. The 3rd respondent filed counter-affidavit. M.Dana Kishore, District Collector, Rangareddy District, has sworn to the counter-affidavit. It is stated in the counter-affidavit that the petitioner Society has not been functioning and not running the hospital in question. The Government of India rep. by its Secretary, Ministry of Tribal Welfare, New Delhi-4th respondent issued proceedings dated 02.06.2005 vide No.22040/27/2003-NGO stating that arrear grants of the year 2003-2004 and earlier years to all other NGOs have become time barred and therefore, there is no need to consider the grant of arrear grants and the State Governments need not send inspection reports. Recommendation came to be made based on the report dated 06.10.2004 of the District Tribal Welfare Officer and D.M. & H.O. As the Commissioner of Tribal Welfare noticed that the petitioner Society is not functioning properly, Liaison Officer was directed to conduct surprise inspection of the hospital. The Liaison Officer inspected the hospital in question and submitted his report which reads as follows: 1. There is one 200 bedded Government Hospital just 1 Kilometer from N.G.O’s Hospital. 2. There were only 4 in-patients present among whom 3 were females. One of them had undergone family planning operation in 200 bedded Government Hospital and joined in this hospital while inspection was going on. 3. There were no diet provisions, vegetables, milk etc., available in stores at the time of inspection. 4. The N.G.O., has not maintained either stock register or issue register for the medicines purchased. 5. Government Hospital located at 1 Kilometer from this institution is fully equipped and was upgraded from 30 bedded to 200 bedded during the year 2000. 6. Food for patients not cooked at all at the time of inspection. 7. There is no qualified Doctor. 8. Unhygienic atmosphere was prevailing in the premises. 9. N.G.O. has no previous experience in the field.” It is further stated in the counter-affidavit that the District Tribal Welfare Officer and D.M. & H.O., Ranga Reddy District submitted false report and therefore, the Secretary to Government, Tribal Welfare Department, Hyderabad-2nd respondent ordered for initiation of action against him under CCCA Rules. The petitioner Society is not running a hospital and therefore, no service is extended to any tribal people. 4. The petitioner Society filed reply affidavit. It is stated in the reply affidavit that the alleged inspection on 28.02.2005 (Sunday) from 11.00 AM to 12.30 Noon by the then Deputy Director of Tribal, Research, Cultural and Training Institute of Commissionerate is totally incomplete and it did not reflect the factual position of the hospital run by the petitioner Society. The petitioner Society has been maintaining all the required records showing the purchase of drugs, medicines, provisions and other expenditure incurred towards maintenance of the hospital. Para.3 (d) of the reply affidavit needs to be noted and it is thus: “It is submitted that pursuant to the orders of this Hon’ble Court there was a joint inspection undertaken by the duly constituted committee in the month of 13.05.2008 and as seen from a copy of the letter of the 3rd respondent himself Dt.20.05.2008 addressed to the Director of Tribal Welfare, Government of Andhra Pradesh enclosing the inspection report of the petitioners establishment, it is clear that the enquiry with the locals at Tandur town confirmed that the petitioner had established its hospital in the leased premises, that the statement of Mr.B.Aravind Kumar the husband of the owner of the building where the hospital has run also corroborated the enquiry of the locals that their building was given on rent to the petitioner from January 2003 onwards, that rentals for the building let out to the petitioner were due from April, 2005 onwards and that the hospital had not been functioning since middle of 2005. This version of the owner of the building clearly supports the case of the petitioner and it cuts the nose of the statement of the 3rd respondent made in the Counter Affidavit. It is also stated that M/s.Srinivasa Stores, Gandhi Chowk, Tandur also in a statement recorded from him clearly vouched that he was supplying to the petitioner provisions for use in the hospital but payment for such supplies was due from 2005 onwards. This statement also beyond doubt supports the case of the petitioner. That apart the statement recorded from Dr.Vasantha Rao Shinde, to the effect that he had worked in the hospital from 01.07.2003 onwards and salary was paid for 23 months and he was due to receive salary for a certain period and he had also vouched that the hospital was closed on 30.06.2005. Thus the so called joint inspection on 13.05.2008 clearly goes to show that the petitioner’s hospital at Tandur did really function. It is therefore submitted that the averments in the counter affidavit filed by the 3rd respondent are totally incorrect, wrong and misleading.” It is also stated in the reply affidavit that the circular instructions of the Government of India, rep. by its Secretary, Ministry of Tribal Affairs, New Delhi-4th respondent issued on 02.06.2005 will be applicable from 2005-2006 onwards and the circular instructions do not intend to govern the transactions already concluded. 5. When the writ petition came up for admission hearing, with the consent of the learned counsel appearing for the parties, it is taken up for final disposal. 6. Heard learned counsel appearing for the petitioner Society and learned Government Pleader for Social Welfare appearing for the respondents 1 to 3. 7. Learned counsel appearing for the petitioner Society submits that the hospital established by the petitioner Society to meet the requirements of the S.Ts. carried on its activities during the years 2003- 2004 and 2004-2005 and therefore, it is entitled for grant-in-aid for the said years. He further submits that the 3rd respondent already recommended the proposals and therefore, necessary direction is required to be given to the respondents 1 and 2 to act on the recommendations of the 3rd respondent and pursue the matter further. Learned counsel appearing for the petitioner, by referring certain records of the petitioner Society during the course of arguments, contends that the hospital came to be maintained till 30.06.2005 and therefore, the petitioner Society is entitled for release of grant-in-aid for the years 2003-2004 and 2004-2005. 8. Learned Government Pleader for Social Welfare appearing for the respondents 1 to 3 submits that the inspection conducted by the authorities revealed that the petitioner Society did not maintain any records and not engaged qualified doctors and no patients were found during the inspection and thus, the petitioner Society is not entitled for grant-in-aid for the years 2003-2004 and 2004-2005. He further submits that in view of the circular issued by the 4th respondent, arrears of grant for the years 2003-2004 have become time barred and therefore, there is no need to consider the representation of the petitioner Society. 9. Pursuant to the interim order passed by this Court on 05.03.2008, the Joint Director, Social Welfare, R.R. District and the District Tribal Welfare Officer, R.R. & Hyderabad Districts inspected the premises of the ST (10) Bedded Hospital/Dispensary at Tandur allegedly established and run by the petitioner Society and a report came to be submitted thereon. The said inspection report reads as hereunder: “In compliance of the orders passed by the District Collector in the file Rc.No.A/722/08, dated 09.05.2008, the Joint Director, Social Welfare, R.R. District and the District Tribal Welfare Officer, R.R. & Hyd. Districts inspected the S.T. (10) Bedded Hospital / Dispensary at Tandur established and run by “Youth in action Society – N.G.O” at Tandur. The inspection of the N.G.O. is made in pursuance of the Government instructions issued vide Memo. No.10830/GCC2/2004-4, dated 12.05.2005 of Principal Secretary to Government, Social Welfare (TW) Department and also in pursuance of the interim directions dated 05.03.2008 of the Hon’ble A.P. High Court in WPMP No.2246 of 2008 in WP No.1794 of 2008 and the order dated 21.04.2008 in WP No.1794 of 2008 where in the District Collector, Rangareddy District is the 3rd respondent in WP filed by M/s.Youth in Action Society – N.G.O. represented by its President B.S.Rao. The Government through the Memo. No.10830/ GCC2/2004-4 dated 12.05.2005 “rejected the proposal to continue 10 Bedded Hospital/Dispensary for S.Ts. at Tandur, R.R.District, M/s. Youth in Action Society-N.G.O. for release of Grant-in-aid for the year 2004-05 and arrears for the year 2003-04 based on the report of the Commissioner of Tribal Welfare, A.P., Hyderabad with reference to Lr.Rc.No.11299/2004-TRI-C1, dated 21.03.2005 on the proposals of GIA to the NGO furnished by the District Collector for the years 2003- 04 & 2004-05 to the Government and CTW respectively. Further the Government instructed the District Collector, Rangareddy District “To cause an enquiry into the activities of the N.G.O. and if the N.G.O. is indulging in malpractices necessary action should be taken against the N.G.O. as per rules by following the due process of law”. The inspection as per the directions of the Government could not be taken up earlier. Now the inspection is made in respect of the NGO as the District Collector, R.R. District has been made the 3rd respondent in the W.P.No.1794 of 2008 along with the Commissioner & Director of Tribal Welfare as 1st respondent and the Secretary to Government, Tribal Welfare as 2nd respondent in the said WP filed by the NGO. District Tribal Welfare Officer, Rangareddy & Hyderabad Districts along with Joint Director, Social Welfare Department, Rangareddy District inspected the Hospital/Dispensary hitherto located at H.no.1-8-11/3, Devi Nagar, Tandur, was accommodated in the Ground & 1st Floor but presently occupied by tenants on enquiry it is ascertained that Mrs. B.Vinoda, w/o.Aravind Kumar is the owner of the building. When contacted Sri B.Aravind Kumar, husband of the building owner at Tandur, he informed that building was given on rent to the NGO from January, 2003 onwards but the rents from April, 2005 has not been paid and the NGO is not functioning in the building since the middle of 2005. The owner has given written statement accordingly. Similarly one Mr.K.Srinivas of Sri Srinivasa Stores, Gandhi Chowk, Tandur as also given a written statement that he supplied provisions like Rice, Soap, Oil, general items to the Hospital but payment not received since 2005 onwards. Similarly Dr.Vasant Rao Shinde has also given a written statement that he worked in the S.T. Hospital/Dispensary from 01.07.2003 onwards and he was paid salary for 23 months and the balance amount of Rs.70,000/- @ 5,000/- P.M. for 14 months is due to him and he reported that the hospital was closed on 30.06.2005. It is to inform that the S.T. 10 Bedded Hospital / Dispensary is not functioning in the said premises at Tandur since 30.06.2005 and the furniture and the vehicle available to the Hospital/Dispensary seems to have been disposed off by the NGO and also the payments towards rent & salaries to the employees who worked in the said Hospital/Dispensary is also due from the NGO. This is submitted for favour of kind information.” The above referred report prima facie established that the petitioner Society conducted the hospital/dispensary till 30.06.2005. In view of the said report, the District Collector, Ranga Reddy District-3rd respondent has to consider the representation of the petitioner Society for release of grant-in-aid for the years 2003-2004 and 2004-2005 and for recommending the case of the petitioner Society to the authorities concerned. 10. Accordingly, the Writ Petition is disposed of at the admission stage directing the District Collector, Ranga Reddy-3rd respondent to consider the representation of the petitioner alongwith the reports submitted by the Joint Director, Social Welfare, R.R. District and the District Tribal Welfare Officer, R.R. & Hyderabad Districts, and forward the same to the concerned authorities for release of the grant-in-aid to the petitioner Society for the years 2003-2004 and 2004-2005 in accordance with the scheme in force. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:21st November, 2008. cs ..... ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2. 2CD copies Form-NIC-OGS/WP{VSMI}