Pawan Munna Lal Muttyal And Another v. The State Of Maharashtra And Another

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3120 of 2017 Pawan S/o Munna Lal Muttyal & another Petitioners

Versus

The State of Maharashtra and another Respondents Mr. C.D. Fernandes h/f Mr. A.N. Kakade for petitioners Mrs.M.A.Deshpande, AGP for Respondent No.1 & 2 _______________ CORAM : R.M. BORDE & K.L. WADANE, JJ (Date : 30th March, 2017.) PER COURT :- The petitioners are praying for quashment of the order passed by the District Judge, Aurangabad below Exh.1 in M.A.R.J.I. No.235/2016 and further praying for allowing M.A.R.J.I. No.235/2016 presented by petitioner No.1. The petitioners are also seeking direction to respondent No.2 to decide the application and issue guardianship certificate of mentally retarded person by constituting local level committee under section 14 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities Act, 1999 (herein after referred to as ' National Trust Act, 1999 ' ).

{2} The petitioners tendered an application No.235/2015 to the District Court, seeking appointment of petitioner No.1 as a guardian in respect of petitioner/applicant No.2 who is stated to be a person with disability. The application came to be rejected by the District Court in view of provisions of the National Trust Act, 1999.

Section 13 of the National Trust Act, 1999 provides for constitution of local level committee whereas an application within contemplation of section 14 for appointment of guardian is required to be presented by parent of person with disability or his relative. Rule 16 of the Rules framed under the National Trust Act provides for the procedure of tendering an application, which shall be made in Form 'A'. In the instant matter, the petitioner is expected to tender an application in Form 'A' to the local level committee, seeking appointment of petitioner No.1 as a guardian in respect of person with disability i.e. petitioner No.2. Learned AGP appearing on behalf of the State, on instructions informs that a local level committee has been constituted under the provisions of The National Trust Act, 1999 under the chairmanship of the Collector, District: Aurangabad. It is informed that the District Social Welfare Officer is the Member

{3} Secretary of the committee and an application in form 'A' under Rule 16 of the National Trust Rules shall have to be tendered to the ' District Social Welfare Officer.

The petitioner undertakes to tender an application under Rule 16 in form 'A' to the District Social Welfare Officer within a period of four weeks from today. On presentation of the application, the local level committee shall take appropriate decision and issue certificate as requested on consideration of the merits of the proposal, as expeditiously as possible and preferably within a period of three months from the date of receipt of the application.

With the directions as above, writ petition is disposed of. (K.L. WADANE, J) (R.M. BORDE, J) vbd