1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.5066/2011 Bahujan Mahila Utkarsha Mandal, through its Chairperson Smt. Prof. Chandatai Kalbande, R/o 1, Ujjwal Nagar, Somalwada, Wardha Road, Nagpur – 25. ..Petitioner. ..V/s.. 1. Union of India, through the Secretary, Ministry of Human Resources and Development, Shastri Bhawan, New Delhi – 110 001. 2. The Secretary, Ministry of Women and Child Development, Shastri Bhawan, New Delhi – 110 001. 3. The Executive Director, Central Social Welfare Board, Social Welfare Bhawan, 12-B, Tara Crescent, South of IIT, Kutub, New Delhi. 4. The Chairman, Board of Management, National Creche Fund, Department of Women and Child Development, Government of India, Shatri Bhavan, New Delhi. 5. The State of Maharashtra, through the Secretary, Women and Child Development, Administrative Building, Opposite Mantralaya, Mumbai. ..Respondents. 2 Mr. Amit Balpande, Adv. for petitioner. ------------------------------------------------------------------------------------------------------------------------------------------------------ CORAM : S.A. BOBDE & M.N. GILANI, JJ . ORDER ( Per M.N. Gilani, J.) Date of Reserving the order : 10/10/2011. Date of Pronouncing the order : 12/10/2011. 1. By this petition under Article 226 of the Constitution the petitioner prays for issue of writ of mandamus or appropriate writ, or direction to quash and set aside the communication dated 5/5/2011 issued by the respondent no.2 to the petitioner and to direct the respondent no.2 to finalize the proposal of grant of financial assistance to the 40 units of Creches run by the petitioner. 2. The petitioner - Bahujan Mahila Utkarsha Mandal is a charitable organization registered under the Societies Registration Act, 1860 and is involved in providing nutritious food, proper nursing, creating healthy environment to the children below five years of age belonging to the down-trodden class. The Ministry of Human Resources and Development – the respondent no.1 herein and the Ministry of Women and Child Development – the respondent no.2 herein created a National Creche Fund in 3 sponsoring 90 % assistance to the Non-Governmental Organizations working in the said field. On 10th of December 1994, the petitioner applied to the respondent no.1 and 2 through Women and Child Development Department of State of Maharashtra – the respondent no.5 herein for financial assistance. The respondent no.5 recommended the grant of financial assistance to the petitioner, but in vain. Thereafter the petitioner sent reminders to the respondent no.1 and 2 which went unheeded. On 10/5/1999 the respondent no.2 informed the petitioner that the proposal to grant financial assistance would be placed before Board of Management of National Creche Fund for consideration. In the year 2001 some information was sought from the petitioner which they furnished. A inspection report was also submitted to the respondents. Seeing no hope of getting any financial assistance, the petitioner approached this Court by filing Writ Petition No.2170/2010. This court by order dated 7/4/2011 directed the respondents 1 and 2 to consider the proposal of the petitioner and eligibility. On 5/5/2011 the respondent no.2 informed the petitioner that “National Creche Fund” scheme has been discontinued since the year 2006. It was further communicated that all the funds generated under the scheme have been exhausted. It was expected that the existing creches which were sanctioned under the said scheme to become self-sufficient. Dissatisfied with this decision, this petition has been 4 filed. 3. It is the contention of the petitioner that during the period from May 1999 to February 2007 seven board meetings were held and setting up of new crches were considered and approved. Therefore, the communication dated 5/5/2011 is bad in law and is liable to be quashed. 4. In the petition nowhere it is spelt out that at any point of time the respondents 1 to 5 promised financial assistance or assistance in any form to the petitioner. It seems that the petitioner being a Non-Governmental Organization established with an avowed object of caring the children of impoverished class, started running of creches in different parts of the Vidarbha region. The formation of the petitioner - Society was not in pursuance to the National Creche Fund set up by the respondents 1 and 2. The communication on which the petitioner is relying upon only point out that the petitioner from time to time raised demand of financial assistance with the respondents. Except this nothing more can be read from these correspondence. The fact that the National Crech Fund Scheme has been discontinued in the year 2006 and consequently the grants were also discontinued after a term of five years, which is evident from communication dated 5th of May 2011, cannot be questioned. The petitioner has no vested right much less legal right to insist upon the respondents to release funds from the 5 said scheme particularly, when the scheme no longer exists. Absolutely, there is nothing in the petition to suggest that the case of the petitioner has been treated differently from the other similarly situated organizations. 5. On the basis of the information gained by the petitioner, it is averred that there were Board meetings during the period from 1992 to 2007. In fact, this is not so. The communication dated 27th of April 2007 (Annexure-XXIII) shows that during the period from 30/8/2001 to 25/2/2005 three board meetings were held. This is consistent with the fact that since the year 2006 National Creche Fund Scheme came to be discontinued. 6. We, therefore, find no substance in this petition. Writ petition is dismissed in limine with no order as to costs. JUDGE JUDGE Tambaskar.