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2007 Supreme(SC) 1472

ARIJIT PASAYAT, S.H.KAPADIA
PEOPLES UNION FOR CIVIL LIBERTIES – Appellant
Versus
UNION OF INDIA – Respondent


ARIJIT PASAYAT, J.

( 1 ) BY this order two IAs. No. 37 of 2004 and no. 54 of 2005 stand disposed of. IA No. 37 of 2004 is an application by the Union of india for permission to modify the National Maternity Benefit Scheme (in short nmbs) and to introduce a new scheme called the Janani Suraksha Yojana (in short jsy ). IA No. 54 of 2005 is an application by the petitioner questioning legality of the discontinuation of the benefit under the NMBS due to introduction of JSY. By order dated 27. 4. 2004 this Court directed as follows: "no Scheme. . . in particular. . . . . . . . . . . National Maternity Benefit Scheme shall be discontinued or restricted in any way without prior approval of the Court. "

( 2 ) AGAIN by order dated 9. 5. 2005 this Court directed as follows:

"by LA 37, permission is sought to modify The National Maternity Benefit Scheme (NMBC) and to introduce a new scheme namely Janani Suraksha Yojana (JSY ). Whereas in IA 54. the prayer is that the Scheme should not be modified by reducing. abridging or qualifying in any way the social assistance entitlements created under the original scheme of NMBS for expecting BPL mothers, including rash entitlement of Rs. 500/- provid















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