Deena Seva Trust v. Vellore District

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 6.7.2009CORAM:THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYAANDTHE HONOURABLE MR.JUSTICE RAJA ELANGOWrit Petition No.645 of 2009& M.P.Nos.1 to 3 of 2009Deena Seva Trust (897/98),rep. by its Managing Trustee,Rev.Sr.Jecintha,having office at No.2/295, Ganesh Nagar,Ariyur, Vellore. ..Petitionervs.1. The District Collector, Vellore District.2. Mrs.Saroja Thiruvengadam, Social Welfare Officer, Vellore District.3. Mr.Ganesan, Probation Officer, Vellore District.4. Mr.A.M.Lakshmanan ..RespondentsWrit Petition under Article 226 of the Constitution of India,praying for issuance of a Writ of Certiorarified Mandamus, to callfor the records relating to the proceedings inSe.Mu.Na.Ka.No.9275/A/08, dated 21.11.2008 and the consequentialorder in Na.Ka.No.9275/A/08, dated 2.12.2008 on the file of theDistrict Social Welfare Office, Vellore (the second respondentherein) and to quash the same and direct the respondents 1 to 3herein to pass appropriate orders to run Deena Seva RehabilitationCentre.For Petitioner : Ms.Auxilia PeterFor Respondents : Mr.D.Srinivasan, Addl.G.P. for R-1 https://hcservices.ecourts.gov.in/hcservices/ ORDER(The Order of the Court was made by S.J.Mukhopadhaya,J)The petitioner, a Trust, which claims to be a non-governmentalorganisation (NGO), is running a centre known as Deena SevaRehabilitation Centre (hereinafter referred to as 'the Home'),Ariyur, Vellore. The petitioner-Home has challenged the proceedingsdated 21.11.2008 and the consequential order dated 2.12.2008 issuedby the second respondent.2. By proceedings dated 21.11.2008, the District Social WelfareOfficer, Vellore District, informed that 72 children were found inthe Home by the District Social Welfare Officer and the ProbationOfficer and the following defects were noticed:(i) The organisation is functioning without obtainingpermission/recognition from the Government.(ii) The Admission Register, Attendance Register, DischargeRegister were not maintained.(iii) The Attendance Register for the staff are not maintained.(iv) The Register containing the discharge of children is notmaintained.(v) It has been noted that some children of the Home areaddicted to drugs and(vi) It has come to the knowledge that anti-social activitiesare taking place,and thereby, the said Officer ordered to close the Home in theinterest of the children and to hand over the children to the ChildWelfare Committee at Ranipet for boys and Allapuram, Vellore forGirls. It was further informed that if the Home is not closed, actionwill be taken. The consequential order was issued on 2.12.2008,whereby it was ordered to transfer the children as per the enclosureof the said order dated 2.12.2008, in the light of the impugnedletter dated 21.11.2008.3. Learned counsel appearing on behalf of the petitionersubmitted that the inmates of the Home are destitute children andthe Home has taken care of the same. It is further stated that allthe allegations levelled against the petitioner-Home, by letter dated21.11.2008, are baseless. According to the learned counsel appearingon behalf of the petitioner, the destitute children, some of whomwere drug addicts, were also taken in the Home, for theirrehabilitation, but no anti-social activity is taking place within https://hcservices.ecourts.gov.in/hcservices/ the Home. Without making proper verification in the presence of thepetitioner or any authorised person, such allegations have been madein the letter/proceedings aforesaid, dated 21.11.2008. It is furthersubmitted that if nobody takes care of the destitutes, it is alwaysopen for the NGO to take care of the destitutes.4. Learned counsel appearing on behalf of the State opposes theWrit Petition on the ground that the Home is running without anyapproval from the competent authority of the State.5. We have heard learned counsel appearing for the parties. 6. It is brought to the notice of the Court by the respondentsthat the Central Act, namely The Juvenile Justice (Care andProtection of Children) Act, 2000 (hereinafter referred to as 'the JJAct') was enacted to consolidate and amend the law relating tojuveniles, both who are in conflict with law and children in need ofcare and protection, by providing for proper care, protection andtreatment by catering to their development needs, and by adopting achild-friendly approach in the adjudication and disposition ofmatters in the best interest of children and for their ultimaterehabilitation and for the matters connected therewith or incidentalthereto (vide-"The Statement of Objects and Reasons of the JJ Act").7. Chapter-III of the JJ Act deals with any child in need ofcare and protection.Apart from the fact that a Child Welfare Committee has to beconstituted under the JJ Act to look into the welfare of the childrenin need of care and protection, Children's Homes are required to beestablished and maintained, under Section 34 of the JJ Act, either bythe State Government or in association with the voluntaryorganisations, in every District or group or Districts. The Ruleshave been framed under Section 34(2) of the JJ Act for the managementof the Children's Home including standards, their nature of servicesto be provided by them and the circumstances under which and themanner in which the certification of a Children's Home or recognitionto a voluntary organisation may be granted or withdrawn. 8. Under Section 34(3), all institutions, whether StateGovernment run or those run by voluntary organisations for childrenin need of care and protection, are required to be registered underthe JJ Act within a period of six months from the date ofcommencement of the Juvenile Justice (Care and Protection ofChildren) Amendment Act, 2006. 9. Admittedly, the petitioner-Home having not been registeredunder the provisions of the JJ Amendment Act, 2006, in the manner asprescribed therein, it is not open for the petitioner to run the Homeeven for the purpose of care and protection of the destitute children. https://hcservices.ecourts.gov.in/hcservices/

10. In view of the aforesaid facts, pending Writ Petition,M.P.No.3 of 2009 has been filed by the petitioner to direct therespondents to register the petitioner-Trust as NGO, for the purposeof care and protection of children, particularly those who aredestitutes. Learned counsel for the respondents-State submitted thatif such proper application is filed before the appropriate authority,the matter will be considered.11. In view of the stand taken by the parties and the law asreferred to above, while we are not inclined to interfere with theimpugned letter/proceedings dated 21.11.2008 and the consequentialorder dated 2.12.2008, we allow the petitioner to apply forregistration of its Trust/Home/Rehabilitation Centre, under theprovisions of the JJ Amendment Act, 2006, and if such application forregistration is filed by the petitioner, along with the requisitedocuments and fee, if any prescribed, the competent authority may,after necessary verification and enquiry as may be required underlaw, pass appropriate orders. In case of any adverse decision, theauthorities will communicate the grounds to the petitioner.12. The Writ Petition stands disposed of with the aforesaidobservations and directions, but there shall be no orders as tocosts. The Miscellaneous Petitions are closed.sd/-Asst.Registrar/true copy/Sub Asst.RegistrarcsTo1. The District Collector, Vellore District.2. The Social Welfare Officer, Vellore District.3. The Probation Officer, Vellore District.+ 1 c.c. to The Government Pleader. S.R.No.28727.Writ Petition No.645 of 2009KK (CO)GSK 20.07.2009.