Harpal Singh Rana v. Union Of India & ORS.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 18th August, 2020 + HARPAL SINGH RANA ..... Petitioner Through:
Mr.Akhil Rana, Adv.
Versus
UNION OF INDIA & ORS.
..... Respondents Through:
Ms.Shiva Lakshmi, Adv. for R1/UOI.
Ms.Hetu Arora Sethi, ASC for GNCTD along with Mr.Arun Kr.Jha, Jt. Director, Mr.Premoday Khakha, Asstt. Director, Deptt. of WCD.
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PRATEEK JALAN :
D. N. Patel, Chief Justice (Oral) Proceedings in the matter have been conducted through video conferencing.
1.
This Public Interest Litigation has been preferred with the following prayers:- "i. That writ of mandamus may please be allowed directing the respondents to submit a detailed scheme provision for the education living and other prospects of life for orphans. ii. Quota should be given to orphan kids while applying for admission in schools under the EWS quota.
iii. There should be a provision for the financial assistance be given to the persons who looking after the orphans. iv. Pass any further order/s that this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case." 2.
Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, the Government of NCT of Delhi has
stated that orphan children have been granted admission by either in the private schools or in public schools.
3.
The Government of NCT of Delhi has filed the status report dated 15th July, 2020. Paragraph 1 of the said status report is reproduced hereunder for ready reference:- "1.That the present status report is submitted in compliance to the directions given by the Hon'ble Court on 02.07.2020. In this connection it is submitted that with regard to the directions given at para 6 and 7 of the Hon'ble Court order dated 02.07.2020 following information is given for kind perusal and consideration of the Hon'ble Court:
(i) Out of a total of 225 children being given admission in schools, the specific details of 25 orphan children amongst them is given below:
S.No. Name of the Child Age Sex Class and Name of the School in which admission was given DCPU wise District 1.
Chandni Attar Female Class-9 Nicholson School, Kashmiri Gate Central 2.
Beena Female Class-10, Chabi Ganj School, Kashmere Gate Central 3.
Kajal Pandey Female Class-10, Chabi Ganj School, Kashmere Gate Central 4.
Riyan Male Class- 4, Sarvodaya Bal Vidyalaya, Roshanara Road Central 5.
Ganga Ram Male Class- 8, Sarvodaya Bal Vidyalaya, Morigate Central 6.
Shabana Female Class-VII, Birla Arya Girls Senior Secondary School, Central
Kamla Nagar 7.
Uttam Male Class- 3, East Delhi Municipal Corporation Primary School North East & Shahdra 8.
Bhawana Female Class- 4, South Delhi Municipal Corporation School, Lajpat Nagar South 9.
Deepak Male Class- 8, Sarvodaya Bal Senior Secondary School No.1, Mehrauli South 10.
Jaswant Male Class- 8, St. Mary's School, Safdarjung Enclave South 11.
Aarti Female Lady Nyoce Senior Secondary School, Feroz Shah Kotla, Delhi Gate West 12.
Raj Male Class-5, NDMC School, EE-Slock, Jahangirpuri North West 13.
Sarfaraz Male Class- 9, GBSS, EBlock Jahangirpuri North West 14.
Babita Female Class-9, GSKV School, Alipur North West 15.
Kajal Female Class-6, GSKV School, Alipur North West 16.
Suraj Male Class-2 MCD School, Motia Khan, Paharganj East 17.
Sita Female Class- 11, Government Girls Sr. Secondary School No.1, East of Kailash South East 18.
Mani Thoi Male Class- 10 Government Boys Secondary School Garhi, Jharia Maria South East 19.
Radha Female Class- 8, Government Girls Sr. Secondary South East
School No.1, East of Kailash 20.
Krishna Male Class- 4, A. M.
Saraswati Bal Mandir, Lajpat Nagar South East 21.
Devendar Kumar Male Class- 12, G.L.T Saraswati Bal Mandir, Nehru Nagar South East 22.
Pooja Female Class- 9, Govt. Girls Senior Secondary School, Ambedkar Nagar South East 23.
Pankaj Kumar Male Class- 9. Govt. Boys Senior Secondary School, Dwarka South West & Najhafgarh 24.
Anju Female Class-11 Govt.
Girls Senior Secondary School Dichao Kalan South West & Najhafgarh 25.
Kajal Female Class-12 Baba Ram Dev Higher Secondary School, Prasad Nagar New Delhi In addition to the details provided in the above table, the table given below gives district wise total number of orphans who were given admissions in school between the period 01.04.2019 to 31.03.2020:
S. No.
Name of the District Total number of orphan children given admission in school 1.
Central 2.
North East & Shahdara 3.
South 4.
West
5.
North West -II 6.
North 7.
East 8.
South East 9.
South West & Najhafgarh 10.
New Delhi xxxx xxxx xxxx "
4.
The said Status Report filed by the Department of Women and Child Development, Government of NCT of Delhi also contains details of 28 orphans who have been provided employment between 01.04.2019 and 31.03.2020. The employment has been secured in various sectors, including hospitality, teaching and in non-governmental organisations. 5.
Similarly, the Department of Social Welfare, Government of NCT of Delhi has also filed a Status Report dated 15.07.2020, giving details of the educational and employment status of the residents of Asha Kiran Homes, which are operated by the said Department.
6.
The respondent No.1/Union of India has also filed its counter affidavit. The relevant paragraphs of the said counter affidavit reads as under:- "2.
That the Ministry of Women and Child Development is implementing a Centrally Sponsored Scheme i.e. Child Protection Services Scheme (CPS, erstwhile ICPS), through the State Government/UT Administrations on predefined cost sharing financial pattern. It is a component of the Umbrella Integrated Child Development Scheme. The objective of the Scheme is to provide the security net of statutory and service delivery structure to the children in difficult circumstances. It
also aims at reduction of vulnerabilities to situation and actions, that lead to abuse, neglect, exploitation, abandonment and separation of children from parents by focusing on (a) improved access to quality child protection services, (b) raised public awareness about the reality of child rights, situations and physical and social protection in India, (c) clearly articulated responsibilities and enforced accountability for child protection, (d) established and functional structure at all levels for delivery of statutory and support services to children in difficult circumstances and (e) operational evidence based monitoring and evaluation.
3. That Children rendered orphan or destitute fall within the category of "Children in need of care and protection" as described in the JJ Act. The above mentioned scheme aims to provide preventive, statutory care and rehabilitation services to children who are in need of care and protection and those in conflict with law as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015. It is a centrally sponsored scheme, providing financial support to state Government/UT Administrations, for delivering services as mandated under the JJ Act and Juvenile Justice (Care and protection of Children) Model Rules, 2016 thereunder for children, either themselves or through suitable NGOs. The primary responsibility of execution of the Act, as such, lies with the State/UTs.
xxxx xxxx xxxx 5.
It is humbly submitted that the primary responsibility and execution of the Juvenile Justice (Care and Protection of Children) Act, lies with the States/UTs. Section 27of the JJ Act, 2015 talks about the duties of the States/UTs in relation to children in need of care and protection. Section 27 (1) has been reproduced herein under;
Section 27(1) The State Government shall by notification in the Official Gazette constitute for every district, one or more Child Welfare Committees for exercising the powers and to discharge the duties conferred on such Committees
in relation to children in need of care and protection under this Act and ensure that induction training and sensitization of all members of the committee is provided within two months from the date of notification."
7.
In view of the aforesaid facts and circumstances of the case, especially looking into the fact that 225 orphan children have already been given admission in the private as well as Government schools, we see no reason to monitor this case any further. It is expected from the respondents that they shall continue to arrange for admissions of the orphan children in private as well as in Government schools, and for their employment, as they have already done so far.
8.
With these observations, the writ petition is disposed of. CHIEF JUSTICE PRATEEK JALAN, J AUGUST 18, 2020/'anb'