Institutions with valid registration under the Act-2000 are deemed to be registered under the Act-2015, but are required to comply with the Act-2015 provisions and apply for renewal after 1 year.

JUDGMENT :

S.V. GANGAPURWALA, J.

1. Rule. Rule returnable forthwith. With the consent of learned Counsel for respective parties petitions are taken up for final hearing.

2. All these writ petitions are based on similar set of facts and involve common question of law. To avoid rigmarole are decided by a common judgment.

3. The petitioners in all these petitions assail the communication issued by the Commissioner Women and Child Development, Maharashtra State, Pune. Under the said communication, it is directed that only those institutions registered under the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to ‘Act-2015’) shall be entitled to admit the students. The contour of the petitioners contention is that; the petitioner institutions are registered under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to ‘Act-2000’). In view of proviso to Sub-Section 1 of Section 41 of the Act-2015 fresh registration is not necessary.

4. Though the subject matter of consideration in all these writ petitions is same; the learned Advocates for the petitioners Mr. N.P. Patil Jamalpurkar and Mr. S.S. Thombre differed in their submissions.

5. Mr. N.P. Patil Jamalpurkar, the learned Advocate for the petitioners represented by him submits that the petitioners have filed applications for registration under the Act-2015. The respondents have taken decision in respect of 131 institutions as per Government Resolution dated 08.03.2019. Thereafter, under the Government Resolution dated 06.05.2020 more particularly, Clause 6, the Government was to take decision in respect of other institutions individually. No such decision is taken as yet. The respondents be directed to take decision in respect of those institutions at the earliest.

6. Mr. Thombre, learned Advocate for the petitioners represented by him is vociferous in contending that the institutions registered under the Act-2000 are not required to register afresh under the Act-2015. The learned Advocate to substantiate his submissions relies upon the proviso to Sub-Section 1 of Section 41 of the Act-2015. The learned Advocate submits that as per the proviso to Sub-Section 1 of Section 41; the institution having valid registration under the Act-2000 on the date of commencement of the Act shall be deemed to have been registered under this Act. The proviso; as referred to; protects the registration of the institutions registered under the Act-2000 and they are not required to take fresh registration under the Act-2015. The learned Advocate submits that reliance on Rule 22 of the Rules of Maharashtra State Juvenile Justice (Care and Protection of Children) Rules, 2018 (hereinafter referred to ‘Rules-2018’) by the respondents is misplaced. Rules cannot override the statutory provisions. Rules are part of subordinate legislation. The statute by virtue of proviso to Sub-Section 1 of Section 41 provides for a deeming effect of the institutions registered under the Act-2000 to be deemed to be registered under the Act-2015. The said provision cannot be supplanted by Rule 22. The impugned communication prohibiting the institution from admitting the students in absence of registration under the Act-2015; though the institution is registered under the Act-2000; is illegal and deserves to be set aside.

7. Mr. Mandlik, learned Senior Advocate representing the respondents submits that the writ petitions are not maintainable. The learned Senior Advocate submits that initially the registration of the institution was as per the provisions of the Act-2000, subsequently amended Act-2006 came into force. The registration of most of the petitioners was during the period 2006 to 2011. On or about 22.12.2011 Government Resolution was issued by the Women and Child Development, Maharashtra State that registration of such institutions will have to be for 3 years and thereafter it will be considered for renewal of 5 years. In view of the Government Resolution dat