Mohit Kumar Shah, J. – Heard the learned senior counsel for the petitioner Sri S.D. Sanjay, assisted by Sri Mohit Agarwal, Advocate and the learned counsel appearing for the respondent-State, Ms. Kumari Amrita.

2. The present writ petition has been filed for quashing the order contained in Memo dated 20.12.2021, issued under the signature of the Director, Social Welfare-cum-Vice Chairman, State Child Protection Society, Bihar, Patna, whereby & whereunder the certificate of recognition of the petitioner as a Specialized Adoption Agency, has been revoked.

3. The brief facts of the case are that the petitioner is a Non-Governmental Organization registered under the Societies Registration Act, 1860, having its registered office at village-Jamsaut, P.S. Danapur, District-Patna and the Secretary of the petitioner’s N.G.O. is Ms. Sudha Varghese, who is stated to be a Padma Shree awardee and a social worker, who works for upliftment and benefit of the society at large. The Union of India had floated an Integrated Child Protection Scheme, a centrally sponsored scheme aimed at building a protective environment for children in difficult circumstances, as well as other vulnerable children through Government-Civil Society Partnership. The objective of the said scheme is to bring together multiple existing child protection schemes of the Ministry under one comprehensive umbrella, and integrate additional interventions for protecting children and preventing harm to them.

4. It is the further case of the petitioner that by letter dated 15.02.2016, the State Child Protection Society, Social Welfare Department, Government of Bihar had selected the petitioner organization for running a Specialized Adoption Agency in District-Patna with grant-in-aid support from the State Child Protection Society, Bihar (hereinafter referred to as the ‘SCPS, Bihar’), and for the said purpose, the Secretary of the petitioner organization was requested to enter into an agreement with the SCPS, Bihar, whereafter, the petitioner had entered into an agreement dated 07.09.2016, and then the respondent no.5, had issued a certificate of recognition of Specialized Adoption Agency vide order dated 07.09.2016 for the period 16.09.2016 to 15.09.2021 and the purpose mentioned therein was for rehabilitation of orphan, abandoned and surrendered children through adoption & non–institutional care & for care, protection and well-being of every child in its charge (as per para 30 of Adoption Guidelines, 2015). The said recognition of the petitioner as a Specialized Adoption Agency was subsequently renewed by an order dated 20.9.2021, passed by the respondent no.5 for the period 16.09.2021 to 15.09.2026.

5. It is the contention of the petitioner that suddenly by an order dated 20.12.2021, the Director, Social Welfare-cum-Vice Chairman, SCPS, Bihar has cancelled the recognition of the petitioner as a specialized child adoption agency by invoking powers under Section 41 (7) of The Juvenile Justice (Care and Protection of Children) Act, 2015, (hereinafter referred to as the “Act, 2015”), on the purported recommendation of the Central Bureau of Investigation (hereinafter referred to as the “C.B.I.”), for blacklisting the petitioner organization and cancelling the contract given to the petitioner. This is how the petitioner is before this Court.

6. The learned senior counsel for the petitioner has submitted that neither any show cause notice was issued prior to passing of the impugned order of cancellation dated 20.12.2021, nor the report of the C.B.I., forming the basis for cancellation of the recognition of the petitioner as a Specialized Adoption Agency, was ever supplied to the petitioner so as to enable the petitioner to put forth its defense and unilaterally the recognition of the petitioner organization as a Specialized Adoption Agency has been revoked. The Ld. senior counsel has referred to Section 3 (xvi) and Section 41 (7) of the Juvenile Justice (Care and Protection of Children) Ac