1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4617 OF 2009 Mahatma Basweshwar Gramin Vikas Mandal At Babshetwadi, Tq-Mukhed, Dist-Nanded, Through its Secretary Shri Chandrakant s/o Pandurang Sukunge. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary, Woman and Child Development Department, Mantralaya, Mumbai-32, 2) The Commissioner, Woman and Child Development, Maharashtra State, Pune-1, 3) The District Woman and Child Development Officer, Nanded, Dist-Nanded. ...RESPONDENTS. ... Mr.N.P. Patil (Jamalpurkar) Advocate for Petitioner. Mr.S.K. Tambe Advocate for Respondent Nos. 1 to 3. ... 2 CORAM: NARESH H. PATIL AND K.U. CHANDWAL, JJ. DATE : 7TH NOVEMBER, 2009. ORAL JUDGMENT (PER NARESH H. PATIL, J.) : 1. Rule. Rule returnable forthwith. 2. The Petitioner was permitted to start Balak Ashram under a scheme floated by the State Government through its Woman and Child Development Department. Under Government Resolution dated 1st November, 2008 near about 90 institutions were granted permission to start such Balak Ashrams in principle, primarily on the basis of recommendation made by the Commissioner, Woman and Child Development, Pune. This permission was granted under the Government Resolution by the State. Para No.2 of the Government Resolution stated that initial permission was subject to fulfillment of the conditions relating to the infrastructural facilities mentioned therein, to start such Balak Ashrams. 3. The Petitioner accordingly started Balak Ashram at Mukramabad, Tq-Mukhed, District Nanded. By communication 3 dated 16th June, 2009 the Commissioner, Woman and Child Development, Pune communicated to the District Woman and Child Development officer, Nanded for submitting a report regarding the feasibility of Petitioner's institution being permitted finally to conduct such Balak Ashram. By communication dated 15th July, 2009, District Officer communicated to the Commissioner that Mukramabad is having population of 20,000 and that the area is hilly and remote one. In said area, not a single institution is running for the benefit of children under the said scheme. Ultimately the District Officer recommended the case of the Petitioner. Inspite of the recommendation, the Petitioner's grievance is, the Commissioner has failed to take final decision and accord final permission, under the scheme and the Government Resolution, to run the Balak Ashram. 4. Affidavit in reply is filed by the Respondent Nos. 1 to 3. We have perused the same. 5. Learned A.G.P. Mr. Tambe appearing for State submitted that as the Petitioner failed to satisfy the conditions stipulated, the Commissioner did not grant 4 final sanction to the Petitioner. There is no need of Balak Ashram to be conducted at Mukramabad, Tq-Mukhed, District Nanded. He further submitted that as there is no need, the Petitioner's case would not be considered for final approval. 6. Considering the material placed before us, more particularly, report submitted by the District Officer, Woman and Child Development, Nanded along with annexures, we do not find that the Petitioner has failed in providing basic infrastructural facilities, as expected by the State and as disclosed from the Government Resolution, for running Balak Ashram. 7. On the basis of the need assessed to start Balak Ashram in Nanded District and on the basis of recommendation of Commissioner, Woman and Child Development, Pune, in principle, permission was granted to various societies including petitioner's society to start Balak Ashram. The scheme is for the benefit of children who are in acute need of care in a welfare State. Considering the object and aim behind the scheme and the purpose for which Balak Ashrams are to be 5 conducted, we find that the authorities ought to have been more diligent and sensitive in taking prompt decision relating to conduct of Balak Ashrams. 8. We make it clear that the Petitioner is bound to conduct the Balak Ashram strictly in accordance with the Scheme, aims and objects for which the same is permitted by the State. Any other use of the said premises, if it is noticed, would entail adverse consequences against the Petitioner. The Petitioner makes a statement through the learned counsel to this Court that the Balak Ashram would be utilized for the purposes strictly for which the Petitioner's institution was permitted to conduct the same. In the light of the statement made and the material produced on record, we find that the final approval is required to be granted by the State Commissioner to the Petitioner's institution to run the said Balak AShram at Mukramabad, Tq-Mukhed, District Nanded. 9. The Petition is therefore required to be allowed. We direct the Respondent No.2 to grant final permission/ approval in favour of the Petitioner society to run 6 Balak Ashram at Mukramabad, Tq-Mukhed, District Nanded pursuant to the permission granted by the State Government under the Government Resolution dated 1st November, 2008. The Respondent No.2 shall pass appropriate orders at the earliest, preferably within eight weeks from the date of receipt of the order of this Court. Rule made absolute in the above terms. . Authenticated copy of the order duly signed by Sheristedar of this Court be provided to the learned counsel for the requesting parties. [K.U. CHANDIWAL, J.] [NARESH H. PATIL, J.] asb/NOV09/wp4617.09