THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.13363 OF 2005 21.06.2010 Between: The Disabled Persons Protection Society, Vinukonda Post & Mandal, Guntur Dist., Represented by its Vice Chairman G.Srinivasa Rao …Petitioner AND The Secretary, Ministry of Social, Justice And Empowerment, Government of India, New Delhi, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.13363 OF 2005 ORDER (Per Hon’ble Sri Justice V.V.S.Rao): In this writ petition filed invoking PIL[1] jurisdiction of this Court, the Disabled Persons Protection Society, a registered body, complains about functioning of seventh respondent, namely, Surya Kiran Parents Association for the Welfare of Mentally Handicapped Children, Macherla, Guntur District. The petitioner society registered under Andhra Pradesh Societies Registration Act, 2001, is established inter alia with the object of ensuring proper enjoyment of rights and empowerment of the disabled persons. The petitioner complained that the seventh respondent which is getting grants from the Government misappropriated the funds. As a social activist group, the petitioner made a representation dated 26.10.2004 against seventh respondent to official respondents, in vain. It is also the case that though they have been pursuing the matter with the District Collector from June, 2004, grants are being released every year by the Commissioner of Disabled Welfare. Therefore, they seek a writ of Mandamus to respondents not to release grant in aid to seventh respondent. Respondents 2 to 4 and 6 filed counter affidavit. For ready reference, relevant portion is extracted hereunder. … it is submitted that on receipt of the representation dated 24.01.2005 of petitioner’s Society, the Commissioner, Disabled Welfare, 3rd respondent herein requested Sri S.Md.Yousuf, Deputy Director of the office to conduct a detailed inspection of the schools run by the Surya Kiran Parents Association of the Mentally Handicapped of Guntur District 7th respondent herein on 24.02.2005. Sri S.Md.Yousuf, Deputy Director of 3rd respondent’s office has submitted inspection report stating that he was inspected the schools run by the 7th respondent on 23.07.2005 and 24.07.2005 and that the Certificate of Registration of the 7th respondent verified by the Registration authorities and found to be genuine. The certificates of the school children were obtained by the Surya Kiran Parents Association issued by the District Medical Board and that the organization is conducting meetings at regular intervals and passed resolutions on various issues and put their signatures and that the signatures are not forged by somebody. Further submitted that the organization is not collecting any user charges from the parents of the beneficiaries and that the 7th respondent organization is inspected by the National Institute for Mentally handicapped, Secunderabad, 5th respondent herein from 2001-2002 to 2003-2004 which is authorized agency to Government of India, Ministry of Social Justice and Empowerment, New Delhi and recommended for sanction of grant-in-aid. Further, the Assistant Director, Disabled Welfare, Guntur, 6th respondent herein has issued a certificate of Registration to Surya Kiran Parents Association, 7th respondent herein with the approval of the District Collector, Guntur. Further stated that as per the enquiry, some teachers working in the centers of 7th respondent are trained and some are untrained and honorarium paid as per the norms of Government of India. Finally submitted that the National Institute for Mentally Handicapped, Secunderabd, 5th respondent herein have conducted inspections by a responsible officer and recommended the proposals of 7th respondent therein for sanction of grants-in-aid and also informed that Sri V.S.Naik, Joint Director, Ministry of Social Justice and Empowerment, Government of India have inspected the institutions of 7th respondent herein and certified that the organization has taken lot of efforts for the welfare of mentally retarded children in the area and developed out reach centers and that the 7th respondent’s organization is the first organization in the area providing services. The matter has been coming up before this Court since June, 2005, and by order dated 21.01.2009, a Bench of this Court directed fourth respondent, namely, the District Collector, Guntur to personally inspect seventh respondent and submit a report. The Government Pleader for Women Development and Children Welfare and Disabled Welfare has placed before us the inspection report/notes of the District Collector, dated 06.04.2009. The same is made part of the record. A perusal of the report would show that seventh respondent was founded by Sri B.V.S.Prakash Raju, who is a parent of disabled and mentally challenged person, that the institution received an amount of Rs.18,00,000/- grant, that the total expenditure involved is Rs.23,00,000/- and therefore, seventh respondent raised additional sum of Rs.5,00,000/- by way of donations from M/s.Vasudha Industries etc. Though the District collector pointed out certain lapses in the appointment of the Principal of the Institution, the skills and the qualifications of the teachers, he opined that the functioning of the seventh respondent is by and large satisfactory. The District Collector proposes that there would be regular monitoring of the institution by the District Administration. It is also pointed out that the petitioner itself is engaged in welfare activities and running a school for physically challenged persons at Vinukonda and that the writ petition is filed due to personal spite. The District Collector pointed out certain organizational lapses and there appears to be no financial irregularities in running of seventh respondent institution. As the seventh respondent is receiving considerable amount of Rs.18,00,000/- as annual grant, it is but incumbent that the District Collector should regularly monitor running of the institution. Now that the District Collector himself suggested regular monitoring of the institution, grievance of the petitioner is substantially redressed. Observing that seventh respondent must rectify the administrative and organizational lapses pointed out by the District Collector, the writ petition stands disposed of accordingly. There shall be no order as to costs. _______________ (V.V.S.RAO, J) _____________________________ (VILAS V. AFZULPURKAR, J) 21.06.2010 Pln [1] Public Interest Litigation