IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 14360 of 2007 Between: Smt. Prathipati Chitteemma, R/o.N.N. Patnam (PO), Rowthulapudi Mandal, E.G.District ( Through the SEcretary, LegalServices Committee, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, II Town Law and Order- Police Station, Rajahmundry. 2 The Superintendent of Police, E.G.District at Kakinada. 3 The Govt of A.P., rep. by Prl., Secretary, Home Department, Secretariat, Hyd. 4 The District Collector, E.G.District at Kakinada. 5 The Director General of Police, lakdikapool, Hyderabad. 6. The Secretary, Women Development, Child Welfare (Programme) Department, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein in and connected to (i) missing of the son of the Petitioner namely Prathipati Sreenu with effect from 26-01-2005 9.30 A.M., who left the Children's Home for attending Luthern High School, Rajahmundry, where he was studying 9th Class; (ii) the progress of the investigation into the report of the warden, children Home Swarajnagar, Rajahmundry, which was registered as Cr.No. 58/07 of II Town L & O Police Station, Rajahmundry; And This Hon'ble Court may be pleased to pass appropriate orders directing the concerned authorities to probe into the matter and trace out the son of the Petitioner and handover him to the Petitioner and to pass such other order or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : PETITION Counsel for Respondent Nos.1 to 5 : GP FOR HOME Counsel for Respondent No.6 : GP FOR WOMEN’S DEVELOPMENT AND CHILD WELFARE. The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14360 of 2007 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Government Pleader for Home, appearing for respondent Nos.1 to 5, learned Government Pleader for Women’s Development and Child Welfare, appearing for respondent No.6 as well as Sri Chandraiah Naidu, learned counsel appearing for Simon Children Home, Rajahmundry. 2. This writ petition is taken up basing on a petition, dated 06-03- 2007, sent by one Smt. Prathipati Chittemma, resident of N.N. Patnam (PO), Rowthulapudi Mandal, East Godavari District, addressed to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking Writ of Mandamus to call for the records and remarks from the Respondents herein in and connected to (i) missing of the son of the petitioner, namely Prathipati Sreenu with effect from 26-01-2005 9.30 A.M., who left the Children's Home for attending Luthern High School, Rajahmundry, where he was studying 9th Class; (ii) the progress of the investigation into the report of the Warden, Children Home, Swarajnagar, Rajahmundry, which was registered as Cr.No.58 of 2007 of II Town L & O Police Station, Rajahmundry; and to pass appropriate orders directing the concerned authorities to probe into the matter and trace out the son of the petitioner and handover him to the petitioner. 3. When the matter came up for consideration, it is represented by the learned Government Pleader for Home as well as the learned counsel appearing for Simon Children Home, Rajahmundry, that the cause in the writ petition does not survive, inasmuch as the alleged missing child was traced. 4. However, it is to be noted that by order, dated 13-11-2007, a Division Bench of this Court directed the Incharge of Simon Children Home, Alcot Gardens, Lutherngiri, Rajahmundry, from where the child was missing, and its President, Andhra Evangelical Lutheran Church, Guntur, to explain as to under what authority they are running the Children’s Home. 5. It is the doubt of the Court that some Schools, with no attached significance or responsibility, have been running the Hostels indiscriminately and in any contingency, where the inmates of the Hostels were found missing, there is no accountability by the Hostels to anyone except resorting to the remedies available under law. In fact, it is an arduous procedure for no fault of the parents or the child. In that connection, obviously, the said Division Bench of this Court intended to know the authority of the Hostels, particularly the present Hostel, from where the child was found missing. The fact of mere tracing of the child was found to be not sufficient. Therefore, the Division Bench had posed this definite question to the learned Government Pleader. 6. In response to the same, a counter affidavit has been filed by the sixth respondent, inter alia stating that in exercise of the powers conferred by sub-sections (1) and (2) of Section 29 of the Orphanages and other Charitable Homes (Supervision and Control) Act, 1960 (Central Act 10 of 1960) and in supersession of the Andhra Pradesh Orphanages and other Charitable Homes (Supervision and Control) Rules, 1999 (for brevity “the Rules”), issued in G.O.Ms.No.67, Women’s Development, Child Welfare and Disabled Welfare (Prog) Department, dated 06-10-1999, Government have issued orders in G.O.Ms.No.16, Women’s Development, Child Welfare and Disabled Welfare Department, dated 18-04-2001, by framing rules for supervision and control of Orphanages and Charitable Homes. 7. The relevant provisions are sub-rule (1) and (2) of Rule 1 and sub-rule (1) of Rule 11 of the Rules, which are extracted hereunder: “1. Short Title and Application:- (1) These rules may be called the Andhra Pradesh Orphanages and other Charitable Homes (Supervision and Control) Rules, 2001. (2) These rules shall be applicable to any Institution, Homes or Hostel whatsoever name they may be called which is maintained or intended to be maintained for the reception, care, protection and welfare of Women and Children by any person or organization within the State of Andhra Pradesh. 11. Certificate of Recognition:- (1) Every person desiring to maintain or conduct a Home shall make an application in Form-I for the grant of Certificate of Recognition. (2) ………….. (3) ……………” 8. From a reading of the above provisions, it is obvious that these rules are applicable not only the Hostels, which were opened subsequent to the issuance of G.O.Ms.No.16, dated 18-04-2001, but also to the Hostels that were already in existence. 9. From a reading of G.O.Ms.No.16, dated 18-04-2001, it appears that the Rules were issued in exercise of the powers conferred by sub- sections (1) and (2) of Section 29 of the original Act viz., the Orphanages and other Charitable Homes (Supervision and Control) Act, 1960 (Central Act 10 of 1960) and in supersession of the Andhra Pradesh Orphanages and other Charitable Homes (Supervision and Control) Rules, 1999 issued in G.O.Ms.No.67, Women’s Development, Child Welfare and Disabled Welfare (Prog) Department, dated 06-10-1999. 10. It is also to be seen that pursuant to G.O.Ms.No.16, dated 18-04- 2001, a notification in Rc.No.5472/Q1/2001, dated 22-05-2001, had been issued by the Government, specifically stating that the Hostels or Institutions, which are in existence or intended to be commenced, shall obtain the Certificate of Recognition. In other words, the substance of the said notification, dated 22-05-2001, is that the existing Institutions or Hostels also should get the Certificate of Recognition, imperatively, and there is no exception for the Institutions, which have been in existence even prior to the issuance of G.O.Ms.No.16, dated 18-04-2001. 11. While above being the position, as per Section 3 of Central Act 10 of 1960, certain Institutions or Hostels have been exempted from obtaining Certificate of Recognition. One of those exempted are that the Hostels attached to the recognized Schools. In other words, if a recognized School is running a Hostel for the benefit of its students, the same is not attracted by the provisions of the Rules. 12. In the instant case, it is obvious and not in dispute that the Simon Children Home, Rajahmundry, from where the child had escaped, has been in existence since 1993 i.e., even prior to the issuance of G.O.Ms.No.16, dated 18-04-2001. But, the significant fact to be noticed is that the Hostel is attached to the School, which was recognized by the Government of Andhra Pradesh. Therefore, the Hostel attached to the recognized School, is exempted from obtaining the Certificate of Recognition, as postulated under Section 3 of Central Act 10 of 1960. As such, the liability of the management of the Hostel is not in serious peril. 13. In view of the above, since no cause of action is involved, we are not inclined to interfere in the matter. 14. Accordingly, the writ petition is dismissed as reduntant, at the stage of admission, however, with a direction to the authorities to ensure strict compliance of the rules framed under G.O.Ms.No.16, dated 18-04- 2001, in the interest of children. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 30-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, II Town Law and Order- Police Station, Rajahmundry. 2 The Superintendent of Police, E.G.District at Kakinada. 3 The Principal Secretary to Government, Home Department, Government of A.P., Secretariat, Hyderabad. 4 The District Collector, E.G.District at Kakinada. 5 The Director General of Police, lakdikapool, Hyderabad. 6. The Secretary, Women Development, Child Welfare (Programme) Department, Hyderabad. 7 2 C.Cs. to the Government Pleader for Home, High Court Buildings, Hyderabad (OUT). 8 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14360 of 2007 30-06-2008 (Msr)