MADHYA PRADESH HIGH COURT
S.K. Gangele and G.D. Saxena, JJ.
Ram Lakhan Kewat v. Union of India and others
Writ Petition No.4780 of 2011 (Gwalior); Decided on 21.2.2014.
Held : Taking into consideration the whole picture, we are, of the view that the rules and regulations framed under the policy of the State have to be interpreted in strict sense and applied in the light of the Constitutional Principles, discussed above so as to achieve an appropriate level of protection of human life and health. Considerable responsibility is cast on the State Government to achieve the desired results. With a view to achieve an appropriate level of protection of human life and health and protection of the disabled children like blind, handicapped mentally retarted, who are admitted in Madhav Andhashram, we think it appropriate to direct the respondent No.2-State to follow and maintain a system of control and other activities as appropriate to the circumstances and other monitoring activities covering all stages by conducting periodical inspections for ensuring welfare of such institution. (1964)1 SCR 332, (1984)3 SCC 161, (1997)9 SCC 377 and (1997)8 SCC 114 followed.
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Saxena, J. -- 1. This petition under Article 227 of the Constitution of India as a Public Interest Litigation has been filed by the Working blind teacher posted in the Madhav Andhashram for issuing of a writ in the nature of mandamus or any other suitable writ, order, direction for better management of such Institution situated in Naka Chandrawadani, Gwalior. The grievance raised by the petitioner, by at large, is covered by the earlier directions given by this Court in Writ Petition No.3393/2009 (PIL) on 23rd December 2009 for issuance of the commission to monitor the present status of management of the Institution, the present conditions of the blind inhabitants/students of the Institution including adoption of the reforms for welfare of the Institution. The anxiety expressed is only with regard to their implementation by the State authorities within a reasonable period.
2. It is not in dispute that “Madhav Andhashram” is a public institution which is running in its own old constructed building situated at Naka Chandrawadani Gwalior by a public trust registered under M.P. Society Registration Act, 1973 by the Board of Directors, duly appointed by its members in the election of their General Assembly of the members of the Institution under the control of Assistant Registrar M.P. Society Registration Act, 1973 Gwalior. This Institution is running for the welfare of the neglected blind children (boarding)/inhabitants on receiving donations from the State, or from public or institution of the society as well as rents which is being received from some part of the building. It is unfortunate that at present, no Board of Directors validly elected by the members of the Institution is working. Shri R.S. Sikarwar, the Administrator appointed by the Assistant Registrar M.P. Society Registration Act, 1973 Gwalior due to his incompetence in working for the welfare of the Society had already been removed. So, in these state of affairs, the management of the Institution is totally paralyzed and the inhabitants and students of the Institution are compelled to lead a miserable life. To know the scenario of the management and condition of living of the blind inhabitants of the institution, who are virtually down trodden helpless and physically handicapped students and the pathetic situation of the present management, this Court appointed a local commission of two respectable members from the High Court Bar Associations to visit the Institution and submit a detailed status report which is also submitted on record. Even after the directions issued as an interim manner in present petition and finally in previous Writ Petition No.3393/2009, discussed above, the State/local authorities and Managers of the institution are not vigilant.
3. At this stage, it may be mentioned that Article 21 of the Indian Constitution guarantees the protection of life and liberty whereas Article 21A Indian Constitution guarantees for providing right to free education to all children of the age of six to fourteen years in such a manner as the State may by law determine. Further Article 39 of the Indian Constitution described the directive principle as fundamental in the governance of the country which are complimentary and supplementary to the fundamental rights directing the State to secure a social order for promotion of welfare of the people residing in different area and or engaged in different vocations.
4. In Kharak Singh v. State of U.P. [(1964)1 SCR 332], the Hon’ble apex Court considered “life” as something more the animal existence and the term liberty, as used in the provision something more is meant than mere freedom from physical restraint or the bounds of a prison and observed the life and liberty as follows :
“11. The content of Article 21 next calls for examination. Explaining the scope of the words “life” and “liberty” which occurs in the 5th and 14th Amendments to the U.S. Constitution reading “No person ... shall be deprived of life, liberty or prop
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