Back
2017 Supreme(Bom) 2123
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S. V. GANGAPURWALA, K. L. WADANE, JJ.
Balvikas Sanstha Chalak and Karmachari Sanghatana Maharashtra State, through its President Shivaji s/o Wamanrao Joshi - Petitioner
Versus
The State of Maharashtra Through Secretary Women & Child, Development Department and others - Respondents
Writ Petition No. 6579 of 2015
Decided On : 05-05-2017
For the Petitioner:Shri Shrilant T. Veer, Shri N. P. Patil Jamalpurkar, Advocate.
For the Respondent: Shri M. B. Bharaswadkar, A.G.P.
The central legal point established in the judgment is the importance of complying with the provisions of the Juvenile Justice Act and Rules in ensuring proper care, protection, and rehabilitation of children in need.
Headnote:
Inspection - Juvenile Justice Act - Section 34, Section 50, Section 53, Section 54, Section 55 - The court discussed the provisions of the Juvenile Justice Act 2000 and the subsequent amendments in 2006 and 2011, as well as the Act of 2015. It highlighted the mandatory registration of child care institutions, the establishment and maintenance of Children's Homes, rehabilitation and reintegration services, and the appointment of inspection committees. The court emphasized the need for monitoring and evaluation of institutions and the powers of the State Government to make rules for the Act's implementation.
Fact of the Case:
The petitioners, State level associations of institutions running child care facilities, challenged circulars directing reinspection and grant in aid. They argued that the inspection committee composition and marking system were illegal and not in accordance with the rules.
Finding of the Court:
The court found that the inspection committee and marking system were in line with the provisions of the Juvenile Justice Act and Rules. It emphasized the need for proper care and protection of destitute children and upheld the gradation system for grant in aid.
Issues: The issues revolved around the legality of the inspection committee composition, marking system, and grant in aid modalities in relation to the Juvenile Justice Act and Rules.
Ratio Decidendi: The court held that the inspection committee and marking system were in line with the Act's objectives and the institutions' responsibilities towards the children. It emphasized the importance of proper care, protection, and rehabilitation of children in need.
Final Decision: The writ petitions were disposed of with observations on the need for the State Government to consider forming inspection teams as per the Act of 2015. No costs were awarded.
S.V. GANGAPURWALA, J.
1. The petitioners in both these writ petitions are the State level associations of institutions which run Bal Sadans, Balak Ashram, Anathalay, etc. These institutions are run by the non governmental organisations (N.G.O.) through out the state. The petitioners initially assailed the circular dated 17.06.2015, which directs all the Divisional Commissioners of the Maharashtra State, the Commissioner for Woman and Child Development, Maharashtra State and the Special Executive Officer, Maharashtra State Integrated Child Protection Society to take immediate steps for conducting the reinspection of all the Bal Gruhas in the State of Maharashtra. The petitioners also seek grant in aid. After filing of the writ petitions Government Resolution dated 13.07.2015 is issued, which prescribes guide lines for formation of inspection squad. The same is also assailed. The said Government Resolution also prescribes a marking system to be upon inspection of Balgruha. The same is also assailed.
2. Mr. N. P. Patil Jamalpurkar and Mr. S. T. Veer, the learned counsel for respective petitioners strenuously contend that, the circular dated 17.06.2015 thereby directing to constitute a committee consists of (1) Deputy Collector, (2) Deputy Chief Executive Officer of Zilla Parishad, (3) Tahsildar, (4) The representative of non governmental organization is illegal. The same is not authenticated in the name of the Hon'ble Governer as expected by Article 116 of the Constitution. The Committee is not constituted in accordance with Rule 82 of the Juvenile Justice (Care and Protection) Rules 2002 (for short "Rules of 2002"). The rules specifically provide that, there shall be medical officer in such inspection squad while inspecting Balgruha. However, there is no place for medical officer as per the said circular. According to the learned counsel the inspection squad/committee is directed to inspect all Balgruhas functioning in the state. The Committee has been provided a chart of 200 marks for the allotment of the marks to the Balgruhas while inspecting the same, so as to decide its standard and according to marks gradation is directed to be made of the Balgruhas in A, B, C and D category. Only those Balgruhas included in A category will be provided grant in aid. Those who secure 100% marks are included in A category and from 80 to 99% marks is included in B category. It is stated that, those in B category will be given six months time to upgrade to A category and till that time grant in aid would be stayed and after reinspection if said Balgruhas find place in 'A' category, the grant in aid of the said Balgruhas would be released. The Balgruhas which will secure C grade shall be given show cause notice as to why their permission should not be cancelled. The State Government thereafter issued another Government Resolution on 13.07.2015 and have made slight changes in Gradation of the Balgruhas. It has maintained the modality of giving the marks, however, it has laid down that those Balgruhas, which will secure more than 90 per cent marks shall be included in A category and those securing from 80 to 89 per cent marks will be included in B category. Whereas those Balgruhas securing 70 to 79 per cent marks shall be included in C category. This was the only slight change made in the subsequent Government Resolution dated 13.07.2015.
3. The learned counsel further submits that, for more than three years preceding to the letter dated 17.06.2013, the State has not released full grant in aid. The Balgruhas are run for the welfare of the children admitted in Balgruhas. As per Section 34 of the Juvenile Justice (Care and Protection of Children) Act, 2000, it is the responsibility of the State to establish children's home. However, it could not discharge its function and, therefore, it has taken the assistance of non governmental organisations to establish the children's home in every district for reception of child in need of care and prot
