IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7393 OF 2021

1. Sanjay S/o Sampatrao Kalbande Age : 41 years, Occ : Advocate, R/o Yashwant Nagar, Ambad Road, Jalna, Tq. & Dist. Jalna.

2. Shri Bhausaheb S/o Karbhari Gunjal Age : 58 years, Occ : Development Consultant, R/o First Floor, Someshwar Hospital, Balaji Nagar, Near Railway Station, Partur, Tq. Partur, Dist. Jalna.

3. Shrimati Anaya W/f Mukesh agrawal Age : 52 years, Occ : Business, R/o 1/28/10, Near Civil Club, Mantha Road, Jalna, Tq. & Dist. Jalna.

4. Dr. Devram Eaknath Choure Age : 58 years, Occ : Medical Profession, R/o Flat No.32, JPC Bank Colony, Near Agrasen Nagar, Jalna, Tq. & Dist. Jalna.

5. Adv. Sanjay Sarangdhar Gavhane Age : 44 years, Occ : Advocate, R/o Plot No.15, Pushpak Nagar, Telecom Colony, Jalna, Tq. & Dist. Jalna.

..PETITIONERS -VERSUS-

1. The State of Maharashtra Through :

Secretary, Women and Child Development Department, 3rd Floor, New Administrative Building, Madam Cama Road, Hutatma Rajguru Chowk, Mumbai – 400 032. 2. Commissioner, Women and Child Development Department, Pune.

3. Divisional Deputy Commissioner, Women and Child Development Department, Aurangabad Division, Aurangabad.

4. District Collector, Jalna.

5. District Woman and Child Development Officer, Jalna.

..RESPONDENTS …

Mr.S.T. Chalikwar, advocate for the petitioners.

Mrs.M.A. Deshpande, A.G.P. for respondent Nos.1 to 5.

…

CORAM : RAVINDRA V. GHUGE AND S.G. DIGE, JJ.

RESERVED ON : 31st MARCH, 2022 PRONOUNCED ON : 5th MAY, 2022 JUDGMENT (PER S.G. DIGE, J) :

1. Rule. Rule made returnable forthwith. With consent of the parties taken up for final hearing at admission stage.

2. By this petition, the petitioners are praying to quash and set aside the termination order of Chairperson and members of Child Welfare Committee, Jalna issued by notification dated 9th March, 2021 of Women and Child Development Department, Government of Maharashtra. It is also prayed to direct the respondents to accept the resignations of petitioner nos.1 to 4 as Chairperson and Members of Child Welfare Committee, Jalna. The petitioners are also seeking additional reliefs.

3. Brief facts of the case are as under :- a) Petitioner no.1 was appointed as Chairperson of Child Welfare Committee (for short, “CWC”), Jalna from 6th April, 2018, and Petitioner nos.2 to 4 were appointed as members of CWC, Jalna from 6th April, 2018, for a period of three years from the date of their appointments. Petitioner no.5 was appointed as member of CWC from 8th March, 2019, for a period of three years from the date of appointment.

b) Respondent no.1 is the Secretary, Women and Child Development Department, Government of Maharashtra and is responsible for the development of women and child in the State of Maharashtra. Respondent no.2 is the Commissioner of Women and Child Development Department, State of Maharashtra. Respondent no.3 is the Divisional Deputy Commissioner, Women and Child Development Department, Aurangabad Division, Aurangabad.

Respondent No.4 is the District Collector, who is Grievance Redressal Authority of the Child Welfare Committee. Respondent no.5 is the District Woman and Child Development Officer, Jalna.

4. On 9th January, 2020, a surprise visit was conducted by President District Legal Services Authority/Principal District Judge, Jalna to Late Rajkunvar Rameshchandra Bang Shishuvihar Gruh, run by Maharashtra Marwadi Charitable Trust (for short, “Charitable trust”). The said Shishuvihar gruh and observation home meant for mentally retarded children situated at Jalna. The Principal District Judge found several irregularities. The condition of child home was pathetic, unhygienic and unhealthy. Records of purchases were not maintained. The learned Principal District Judge sent a report to the Guardian Judge of Jalna district, High Court, Aurangabad. This Court has taken cognizance of said report, which resulted into a Suo-moto Public Interest Litigation no.2 of 2020.

5. The Divisional Deputy Commissioner, Wo