1. - This probono petition has been filed by Sanyam Lodha, a Social Activist, Advocate and Member of Legislative Assembly Rajasthan with the following reliefs:

(i) to issue direction to the respondents to give full monetary relief as has been granted in the case of Ms. Khushboo of Rs. 5 lacs to other similarly situated persons;

(ii) to declare the action of respondents in not giving same monetary relief to minor girls who are subjected to rape as illegal;

(iii) to issue direction not to misuse the Chief Minister Relief Fund.

2. Contextual facts depict that the petitioner, in the floor of Assembly asked question No. 514/Home that from January 1, 2004 uptill August, 2005 in how many matters of rape with minor girls the amounts was released from the Chief Minister Relief Fund? In another question some details were sought for the months of June, 2005 and July, 2005 pertaining to relief granted to minor girls, who were victims of rape? These questions were answered by the Government and following details were furnished:

(i) Ms. Khushboo daughter of Mr. Ishtiyaq Ahmed whose matter No. 15529 was given Rupees Five Lacs vide Demand Draft No. 567545 dated June 25, 2005.

(ii) Ms. Shravani daughter of late Mr. Ramdhan Gurjar whose matter No. 101317 was given Rs. 3,95,000/- vide Demand Draft No. 207068 dated August 11, 2004.

3. It appears that the petitioner is concerned and aggrieved by the discriminatory policy being adopted by the Government of Rajasthan in the matter of release of relief fund pertaining to similarly situated persons. According to petitioner the policy violates Article 14 of the Constitution of India.

4. Respondents submitted reply to the writ petition and stated that extraordinary powers under Article 226 cannot be invoked in the garb of Public Interest Litigation with regard to discretionary powers of Chief Minister pertaining to the relief given under the Rules of the Chief Minister Relief Fund. There was no discrimination in giving relief to the victim of rape of minor girls. Ms. Khushboo was granted a sum of Rs. 5 lacs which was deposited in fixed deposit till she became major looking to the heinous offence committed on a minor girl of only seven months. Ms. Shravani Bai was granted Rs. 3,95,000/-, since her father had been expired and she was discarded from the Society. The Chief Minister in these exceptional circumstances used her discretion in granting relief to the victim and the discretion was exercised in fair manner. Thus it cannot be said that Article 14 was violated. The Chief Minister being In-charge of Chief Minister Relief Funds is competent to grant relief to any victim of drought, flood and any accident, development of hospital, Medical Assistance, Child Welfare and development of Rajasthan.

5. Additional reply to the writ petition was also filed by respondents with the averments that "Rajasthan Chief Minister Famine and Flood Relief Fund" was governed by the Notification dated November 12, 1979. Rule 5 of the notifications empowers the Chief Minister to disburse and grant relief of whatever amount as per his/her discretion. Subsequently vide notification dated April 6, 1999 six different funds had been merged into one newly constituted fund by name of "Rajasthan Chief Minister Relief Fund". This fund is governed by Rules as set out in notification dated April 6, 1999. Rule 5 of the notification empowers the Chief Minister to sanction any amount of relief in any matter as per his/her discretion. It is further stated that since the petitioner had raised this particular issue in Rajasthan Legislative Assembly and a detailed reply was submitted on the floor of the Assembly, the petitioner cannot and should not permit to raise the similar issue in the garb of Public Interest Litigation.

6. We have pondered over the rival submissions and carefully scanned the material on record.

7. A look at the notification dated April 6, 1999 demonstrates that Rules in regard to drought, flood and any accident, development