The High Court · 2025

Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to writ of Mandamus declaring the action of Respondent No. 3 in seeking to handover the adoptive child of the Petitioners to others who are interested in E adoption by giving a paper notification dated 1011212024, in Lr.No.2637/lCPSl2024, despite the directions of this Honourable Court in WP No. 3492012024 dated 1 111212024 to consider the Application made by the Petitioners to Respondent No, B for handing over the child in adoption to the Petitioners as being arbitrary violative of Article 14 of the Constitution of lndia and also amounting to showing scant respect to the orders passed by this Honourable Court and consequently direct the Respondents not to proceed to give the Petitioners Adoptive Child Abhay Ram to others. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to act upon the Notification dated. 1011212O24, in Lr.No. 2637/lCPSl2024, issued by Respondent No. 3 in so far as the petitioners adoptive child named Abhay Ram is concerned, pending disposal of the main writ petition. Counsel for the Petitioner : SRI CH.SAMSON BABU Counsel for Respondents No.1to4&7: GP FOR WOMEN DEV CHILD WELFARE Counsel for Respondents No.5&6 : GP FOR HOME counsel for the Respondent No.8: |$].$%:ffiXEEN KUMAR, The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.37O68 OF 2024 ORDER: Heard Sri Ch.Samson Babu, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Women Development and Child Welfare appearing on behalf of the respondent Nos.1 to 4 &.7, learned Assistant Government Pleader for Home appearing on behalf of the respondent Nos.5 &6 and Sri Gadi Praveen Kumar, Iearned Deputy Solicitor General of India appearing on behalf of the respondent No.8.

2. The petitioners approached the Court seeking prayer as underl "......to Writ of Mandamus declaring the action of Respondent No.3 in seeking to handover the adoptive child of the Petitioners to others who are interested in adoption by giving a paper notification dated tO/12/2024 in Lr.No. 2637lICPS/2024 despite the directions of this Honourable Court in WP.No. 34920/2024 dated 11/1,2/2024 to consider the Application made by the Petitioners to Respondent No.B for handing over the child in adoption to the |-- 2 Petitioners as being arbrtrary violative of Article 14 of the Constitution of India and also amounting to showing scant respect to the orders passed by this Honourable Court and consequenUy direct the Respondents not to proceed to give the petitioners Adoptive Child Abhay Ram to others and issue.....,

3. It is specific case of the petiuoners that despite the categorical directions of this Court in W.p.No.34920 of 2024, dated 7L.72.2024 to consider the application dated 2O.O7.2024 made by the petitioners to respondent No.B for handing over the child in adoption to them as per the law prescribed. The action of the respondent No.3 in seeking to handover the adoptive child of the petitioners to others who are interested in adoption and giving a paper notification dated 10.12.2024 to that effect is highly arbitrary, illegal and violative of Article 14 of the Constitution of India. Hence, the petitioners filed the present Writ petition.

4. Learned Government pleader for Women Development and Child Welfare appearing on behalf of the respondent Nos.l to 4 & 7 brings on record letter dated 09.O1.2025 of the Deputy Director, Central Adoption Resource Authority (CARA) addressed to the -) learned Deputy Solicitor Generat of India. The relevant portion of the said letter is extracted hereunder:-

3. In the present matter, the petitioners have failed to fulfiil the legal requirement of uploading the requisite documents, thereby preventing further scrutiny by the respective stakeholders, 4, It is further submitted that the petitioners have not completed the post-reg istration procedures on the CARINGS portal, thus failing to demonstrate their genuine intent to adopt a child, resulting in the non-consideration of their application.

5. However, if the Petitioners now wish to adopt a child in accordance with the Juvenite Justice (Care and Protection of Children) Act, 2015 (as amended 2021) it is necessary for them to submit a new application on the CARINGS portal. For their application to be considered, the petitioners must complete the process by uploading all required documents

5. Learned counsel appearing on behalf of the petitioners submits that as on date, no communication has been received to the petitioners with regard to rejecting the application of the petitioners and the copy of the letter dated 09.O1.2025 served upon the petitioners only indicates an internal correspondence made by the 8th respondent to the learned Deputy Solicitor General of India and hence, the application of 4 the petitioners, dated 2O.O7.2024 had not been considered on merits as on date.

6. Learned Government pteacler for Women Development and Child Wetfare appearing on behalf of the respondent Nos.l to 4 & 7 and learned counsel appearing on behalf of the respondent No.g does not dispute the said submissions made by the learned counsel appearing on behalf of the petitioners.

7. A bare perusal of the content of the letter, dated 09.01.2025 of the Deputy Director, Centra! Adoption Resource Authority (CARA) addressed to the Deputy Solicitor General of India ctearly indicates that the petitioners had failed to fulfiil the legal requirement of uploading the requisite documents thereby preventing further scrutiny by the respective stakeholders and therefore, the 8th respondent could not pass orders on merits on the application of the petitioners, dated 20.O7.2024 seeking adoption of the child.

8. Takino into consideration:- a) The submissions made by the learned counsel appearing on behalf of the petitioners, learned Government Pleader for Women Development and Child Welfare appearing on behalf of the respondent Nos.1 to 4 & 7 and learned counsel appearing on behalf of the respondent No.8, ii) The contents of the letter, dated 09.O1.2025 of the Deputy Director, Central Adoption Resource Authority (CARA) addressed to the Deputy Solicitor General of India. iii) The fact as borne on record, that the application of the petitioners, dated 20.O7.2O24 had not been disposed of by the 8th respondent as on date on merits since the petitioners failed to fulfill the legal requirement of uploading the requisite documents thereby preventing further scrutiny of the said application by the Authorities concerned' The Writ Petition is disposed of directing the petitioners to comply with the legal requirement of uptoading the requisite docunlents for further scrutiny I 6 by the 8th respondent for taking a decision on merits on the application of the petitioners, dated 2O.O7.2024 seeking adoption of children/child within a period of one (O1) week from the date of receipt of copy of the order and upon the petitioners uploading all the required documents as per due procedure as per Rules in force as on date, the 8th respondent shall consider the same within a period of two (O2) weeks thereafter and pass appropriate orders on the petitioners, application, dated 2O.O7.2O24 seeking adoption of the children/child. Till appropriate decision is taken on the petitioners' application, dated 2O.O7.2024 on merits as per the directions as indacated as above within the time period as stipulated as above, the respondents are directed not to proceed further in respect of child namely Abhay Ram. However, there shall be no order as to costs, 7 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. SD/.P.PAD MANABHA REDDY ASSIS ANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

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13.Two CD CoPies BSt(BSK w lA { 0 3 Frti ZUJ ,; 'i, c) c r) t t HIGH COURT DATED:27101t2025 ORDER WP.No.37068 of 2024 DISPOSING OF THE WRIT PETTTION WITHOUT COSTS '+-& ffi"