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Bombay High CourtWP/5500/2020disposed off

Matoshri Balakashra Chincholi Antur Run By Sevadas Shikshan Prasarak Mandal Through Its President v. The State Of Maharashtra And Others

2020-12-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni53 pages

1 wp 4831.2020+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4831 OF 2020 Jai Sevalal Sevabhavi Sanstha, Takarwan, Tq. Majalgaon, Dist. Beed Sanchalit, Aarti Balgruha, Bramhagaon, Tq. Majalgaon, Dist. Beed, Through its President, Ambadas S/o Jemanu Rathod, Aged: 55 years, Occ: Agriculture, R/o Takarwan, Tq. Majalgaon, Dist. Beed Through its Principal Secretary to the Government of Maharashtra in Women and Child Development Department, Maharashtra State, Mantralaya, Mumbai - 32 The Principal Secretary to the Government of Maharashtra in Finance Department, Maharashtra State, Mantralaya, Mumbai-32 4.

The Regional Deputy Commissioner, Women and Child Development, Aurangabad 5.

Beed 6.

The District Child Welfare Committee, Beed, Through its President

2 wp 4831.2020+ Mr. N. P. Patil Jamalpurkar Senior Advocate/AGP for Respondents: Mr. P. V. Mandlik, Senior Advocate a/w. Mr. S. B. Yawalkar WRIT PETITION NO. 4967 OF 2020 Divyajyoti Nirashrit Balakashram Run by Divyajyoti Gramin Va Shahari Vikas Sevabhavi Shaikshanik Sanstha, Udgir, Tal. Udgir, Dist. Latur, Through its President, Laxmikant Murlidhar Bidwai, Age 48 years, Occ. Agri.

Beed, Dist.Beed Advocate for Petitioner: Mr. S. S. Thombre WRIT PETITION NO. 5052 OF 2020 Balakashram, Parali Road, Ambajogai, Run by Vaidyanath Bahu-Uddeshiya Jankalyan Shikshan Sanstha, Latur, Through its President, Laxman S/o Nivrutti Munde, Age 55 years, Occ. Agri.

3 wp 4831.2020+ Aurangabad, Dist. Aurangabad Advocate for Petitioner: Mr. S. S. Thombre WRIT PETITION NO. 4897 OF 2020 Niwara Balgraha,Georai, Tal. Georai, District: Beed, Run by Maharashtra Sevabhavi Sanstha, Beed, Tal. & Dist. Beed, Through its President, Ranjana Chandrasen Ghodke, Age: 40 Years, Occu. Household Beed, Dist.Beed Advocate for Petitioner: Mr. S. S. Thombre

4 wp 4831.2020+ WRIT PETITION NO. 4899 OF 2020 Vaibhav Balgraha, Neknoor, Tal. & District Beed, Run by Maharashtra Sevabhavi Sanstha, Beed, Tal. & Dist.Beed, Through its President, Ranjana Chandrasen Ghodke, Age: 40 Years, Occu. Household Beed, Dist.Beed WRIT PETITION NO. 4963 OF 2020 Adhar Balakashram, Talegaon (Ghat), Run by Maher Bahu-Uddeshiya Mahila Mandal, Vasant Nagar, Latur, Through its President, Usha Pandurang Adhe, Age 43 years, Occu. Household

5 wp 4831.2020+ Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5051 OF 2020 Muktai Balsadan (Balgraha), Shirsala, Tal.Parali(V), Dist.Beed, Run by Jakranti Bahuuddeshiya Shikshan Prasarak Sevabhavi Pratishthan Mandal, Rampur Tanda (Gutti), Tal.Jalkot, District Latur, through President, Ramrao Maroti Jadhav, Age 52 years, Occ. Agri., R/o Rampur Tanda, Tal.Jalkot, District Latur Aurangabad, Dist.Aurangabad

6 wp 4831.2020+ WRIT PETITION NO. 5053 OF 2020 Swami Samartha Balakashram, Dhanora Road, Beed, Run by Swami Samartha Shikshan Va Prashikshan Sanstha, Beed, Through its Secretary, Mohan Nivruttirao Begwade, Age 57 years, Occ.Pensioner, R/o. Beed, Tal. & District Beed ..Petitioner Beed, Dist.Beed WRIT PETITION NO. 5054 OF 2020 Vidyanath Balgraha, Shirsala, Run by Akhil Bhartiya Sanskrut Vardhini Sanstha, Majalgaon, Dist.Beed, Through its Secretary, Laxman S/o Nivrutti Munde, Age 55 years, Occ. Agri.

7 wp 4831.2020+ Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5055 OF 2020 Balgraha (Balsadan), Morewadi, Tal. Ambajogai, District Beed, Run By Chatrapati Shahu Maharaj Pratishthan, Ambajogai, Tal.Ambajogai, Dist.Beed, Through its Secretary, Baliram Balu Chopane, Age 46 years, Occ. Agri.

Beed, Dist.Beed

8 wp 4831.2020+ WRIT PETITION NO. 5056 OF 2020 Balsadan (Balgraha), Revali Pati, Tal.Parali (V), District Beed, Run By Vaidyanath Bahu-Uddeshiya Jankalyan Shikshan Sanstha, Latur, Through its President, Laxman Nivrutti Munde, Age 51 years, Occ.Agri.

Beed, Dist.Beed WRIT PETITION NO. 5057 OF 2020 Balakashram (Balgraha), Partur, Run by Jagdamba Shikshan Prasarak Mandal, Mahalgaon, Tal.Majalgaon, District Beed, Through its Secretary, Bhagwan Nagorao Deshmukh, Age 49 years, Occ. Agri. & Business, R/o Samata Colony, Behind India Bank, Majalgaon, Tal.Majalgaon, Dist.Beed

9 wp 4831.2020+ Beed, Dist.Beed WRIT PETITION NO. 5058 OF 2020 Indira Balakashram, Majalgaon, Run by Jagdamba Shikshan Prasarak Mandal, Mahalgaon, Tal.Majalgaon, District Beed, Through its Secretary, Bhagwan Nagorao Deshmukh, Age 49 years, Occu. Agri. & Business, R/o. Samata Colony, Behind India Bank, Majalgaon, Tal.Majalgaon, Dist.Beed

10 wp 4831.2020+ Beed, Dist.Beed WRIT PETITION NO. 5059 OF 2020 Shriniwas Balakashram, Krishna Nagar, Parali (V), Tal.Parali(V), Dist.Beed, Run by Vaidyanath Bahu-Uddeshiya Jankalyan Shikshan Sanstha, Latur, Through its President, Laxman S/o Nivrutti Munde, Age 55 years, Occ. Agri Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5060 OF 2020 Indira (Balgraha) Balsadan, Nathra, Tal.Parali (V), District Beed, Run by Shrinath Manav Seva Mandal, Parali (V), Tal.Parli(V), Dist.Beed, Through its President,

11 wp 4831.2020+ Eknath Ghanshyam Munde, Age 70 years, Occ.Agri.

Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5061 OF 2020 Mangalnath Balakashram, Run By Samaj Prabodhan Pratishthan Sanstha, Parli (V), Tal.Parli (V), Dist.Beed, through Secretary, Bhagwan Nagorao Deshmukh, Age 49 years, Occ. Agri. & Business, R/. Samata Colony, Behind India Bank, Majalgaon, Tal.Majalgaon, Dist.Beed

12 wp 4831.2020+ Beed, Dist.Beed WRIT PETITION NO. 5063 OF 2020 Rajiv Gandhi Balsadan, Udgir, Run by Mahatma Phule Bahu-Uddeshiya Shikshan Sanstha, Udgir, Tal.Udgir, Dist.Latur, through its Secretary, Ashok Madhavrao Biradar, Age 50 years, Occ.Agri.

Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5064 OF 2020 Akhil Maharashtra Gramin Shikshan Vikas Mandal, Beribag, Harsul, Aurangabad, Through its Superitendent, Sangita Marotirao Sakdev, Age. Major, Occ.Business,

13 wp 4831.2020+ R/o Sawali Girls Child home, Cidco Waluj Mahanagar-01, Tal. & District Aurangabad Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5065 OF 2020 Pradnya Shil Shikshan Sanstha, Through its President, Dilip S/o Shrihari Raut, Age 46 years, Occ. Agri., R/o 48, Shivshankar Colony, Aurangabad, Tal. & District Aurangabad

14 wp 4831.2020+ Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5066 OF 2020 Shobhana Shikshan Sanstha, Aurangabad, Through its President, Ramesh S/o Sahadu Sarpate, Age 54 years, Occu. Business, R/o Survey No.23/24, Parijat Nagar, Behind National English School, N-4, CIDCO, Aurangabad, Tal. & District Aurangabad Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5067 OF 2020 Shahu Balakashram, Palwan Chowk, Beed, Run by Shri Chatrapati Shahu Maharaj Magasvargiya Mahila Bahuuddeshiya

15 wp 4831.2020+ Sevabhavi Sanstha, Beed, Through its Secretary, Kalyanrao Rohidas Gade, Age 61 years, Occ. Advocate, R/o Sant Tukaram nagar, Dhanora Road, Beed, Tal. & District Beed Beed, Dist.Beed WRIT PETITION NO. 5068 OF 2020 Shri.Babasai Bahu-Uddeshiya Sevabhavi Sanstha, Aurangabad, Through its President, Nitin S/o Vishwanath Wakhude, Age 42 years, Occ.Agri., R/o D/60, Shivshankar Colony, Tanaji Chowk, Aurangabad, Tal. & District Aurangabad

16 wp 4831.2020+ Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5069 OF 2020 Shri Gurukrupa Shikshan Sanstha, Through its Secretary, Jayraj Vitthalrao Narayankar, Age 46 years, Occ. Social Work, R/o House No. 5-3-80/P, Beside Lalit Kala Bhavan, Usmanpura, Aurangabad, Tal. & District Aurangabad Aurangabad, Dist.Aurangabad

17 wp 4831.2020+ WRIT PETITION NO. 5070 OF 2020 Swami Satyanand Saraswati Shikshan Prasarak Mandal, Through its President, Dilip S/o Shrihari Raut, Age 46 years, Occ. Agri., R/o 48, Shivshankar Colony, Aurangabad, Tal. & District Aurangabad Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5072 OF 2020 Shree Sant Gadge Baba Gram Vikas Sevabhavi Sanstha Sanchalit Indira Balgruha, Pandurna, Tq. Bhokar, Dist. Nanded, Through its President, Narayan S/o Vishwanath Shinde, Aged: 54 years, Occ: Agriculture, R/o Pandurna, Tq. Bhokar, Dist. Nanded

18 wp 4831.2020+ Through Principal its Secretary to the Government of Maharashtra in Women and Child Development Department, Maharashtra State, Mantralaya, Mumbai - 32 The Principal Secretary to the Government of Maharashtra in Finance Department, Maharashtra State, Mantralaya, Mumbai - 32 The Commissioner, Women and Child Development, 4.

The Regional Deputy Commissioner, Women and Child Development, Aurangabad 5.

Nanded 6.

The District Child Welfare Committee, Nanded, Through its President Mr. N. P. Patil Jamalpurkar WRIT PETITION NO. 5073 OF 2020 Rajashri Shahu Bahuddeshiya Gramin Vikas Sanstha Sanchalit Rokdoba Balsadan, Kalegaon, Tq. Ahmedpur, Dist. Latur, Through its Secretary, Prameshwar S/o Shrirang Jadhav, Aged: 45 years, Occ: Agriculture, R/o Ahmedpur, Dist. Latur

19 wp 4831.2020+ Through Principal its Secretary to the Government of Maharashtra in Women and Child Development Department, Maharashtra State, Mantralaya, Mumbai - 32 The Principal Secretary to the Government of Maharashtra in Finance Department, Maharashtra State, Mantralaya, Mumbai - 32 The Commissioner, Women and Child Development, 4.

The Regional Deputy Commissioner, Women and Child Development, Aurangabad 5.

Latur 6.

The District Child Welfare Committee, Latur, Through its President Mr. N. P. Patil Jamalpurkar WRIT PETITION NO. 5076 OF 2020 Gokul Balsadan, Gajanan Nagar, Nalwandi Road, Bahirwadi, Beed, Run by Sudhakarraoji Naik Magasvargiya Samajkalyan Mandal, Beed, Through its President, Maroti Ramrao Rathod, Age 65 years, Occ.Social Service,

20 wp 4831.2020+ R/o Gajanan Nagar, Beed, Tal. And District Beed Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5077 OF 2020 Mauli Balakashram, Beed, Run by Savitai Bahuuddeshiya Sevabhavi Sanstha, Beed, Through its Secretary, Ramhari S/o Baban Jadhav, Age 34 years, Occ.Agri.

Aurangabad, Dist.Aurangabad

21 wp 4831.2020+ WRIT PETITION NO. 5078 OF 2020 Mother Teresa Balakashram, Run by Yogeshwar Bahu-Uddeshiya Sevabhavi Sanstha, Beed, Through its Secretary, Lalaji S/o Tukaram Jadhav, Age 48 years, Occ. Agri.

Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5079 OF 2020 Gokul Balakashram, Satara Parisar, Run by Jai Kisan Shikshan Sanstha, Aurangabad, Through its President, Kavita Wagh, Age 44 years, Occ.Household

22 wp 4831.2020+ Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5080 OF 2020 Bhagwanbaba Balikashram, Satara Parisar, Run by Jai Kisan Shikshan Sanstha, Aurangabad, Through its President, Kavita Wagh, Age 44 years, Occ.Household Aurangabad, Dist.Aurangabad

23 wp 4831.2020+ WRIT PETITION NO. 5081 OF 2020 Yogeshwari Balakashram, Satara-Deolai Parisar, Run by Late Anusaya Bahu-Uddeshiya Sevabhavi Mahila Mandal, Aurangabad, Through its President, Kavita Darade, Age 48 years, Occ.Household Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5082 OF 2020 Bhagwanbaba Balakashram, Vasdi, Kannad, Run by Jai Kisan Shikshan Sanstha, Auragabad, Through its President, Kavita Wagh, Age 44 years, Occ. Household

24 wp 4831.2020+ Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5083 OF 2020 Mauli Balakashram, Javalban, Run by Gramin Samiti, Javalban, Tal.Kaij, District Beed, Through its President, Prakash Kulkarni, Age 63 years, Occ. Agri.

Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5084 OF 2020 Shri.Nagadnarayan Balakashram, Narayangad, Beed,

25 wp 4831.2020+ Run by Mauli Shikshan Prasarak Mandal, Through its Secretary, Keshav S/o Baburao Ghighe, Age 45 years, Occ. Agri.

Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5085 OF 2020 Adhar Balakashram, Phulambri, Run by Jai Shriram Mahila Shaikshanik, Bahu-Uddeshiya Sanstha, Aurangabad, Through its President, Sangeeta Tathe, Age 50 years, Occ.Agri.

26 wp 4831.2020+ Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5086 OF 2020 Adhar Balakashram, Talegaon Ghat, Tal. Ambejogai, Dist Beed, Run by Maher Bahu-Uddeshiya Mahila Mandal, Vasant Nagar, Latur, Through its President, Usha Pandurang Adhe, Age 43 years, Occ.Household Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5089 OF 2020 Anand Balakashram, Beed, Run by Bandhubhav Shikshan Prasarak Mandal, Nanded, Through its Secretary, Prashant Shivajirao Veer,

27 wp 4831.2020+ Age 43 years, Occ.Social Work Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5090 OF 2020 Rajarshi Shahu Maharaje Balakashram, Dharur, Tal.Dharur, Dist.Beed, Run by Ahilyabai Hokar Mahila Pratishthan, Beed, Through its President, Usha Dandopant Thombre, Age 64 years, Occ.Advocate, R/o Vidya Nagar (East), Barshi Road, Beed, Tal. & District Beed Aurangabad, Dist.Aurangabad

28 wp 4831.2020+ WRIT PETITION NO. 5091 OF 2020 Dhaumyarishi Balakashram, Ghogas Pargaon, Tal. Shirur(Kasar), Dist. Beed, Run by Shri Jagdamba Mahila, Bal Va Apang Kalyan Mandal, Beed, Through its Secretary, Smt. Sulochana Gangabhishan Ware, Age 63 years, Occ. Social Work Aurangabad, Dist. Aurangabad WRIT PETITION NO. 5092 OF 2020 Shri Ganesh Balsadan, Tambde Vasti, Shirur (Ghat), Run by Shahid Bhagatsingh Gramvikas Mandal, Shirur (Ghat), Tal. Kaij, District Beed, Through its President,

29 wp 4831.2020+ Pandurang S/o Changdeo Tambde, Age 63 years, Occ. Agri.

Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5093 OF 2020 Balsadan (Balakashram), Ladzari, Tal.Parali(V), District Beed, Run by Amarnath Bahuuddeshiya Shikshan Sanstha, Latur, Through President, Atmaram Shep, Age 51 years, Occ. Agri.

Aurangabad, Dist.Aurangabad

30 wp 4831.2020+ WRIT PETITION NO. 5094 OF 2020 Yashwant Gram Pratishthan, Belwandi, Beed, Through its President, Rajendra Pandurang Jadhav, Age 42 years, Occ. Agri.

Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5095 OF 2020 Shankarbapu Balakashram, Tokwadi, Tal.Parali (V), District Beed, Run by Jivandhara Bahuuddeshiya Sevabhavi Sanstha, Tokwadi, Tal.Parali (V), District Beed, Through its President, Sanjay S/o Bhaskarrao Munde, Age 50 years, Occ.Social Work

31 wp 4831.2020+ Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5096 OF 2020 Shri Swami Samartha Balsadan, Tambde Vasti, Shirur (Ghat), Run by Bhartiya gramin vikas sanstha nandur (ghat) Tal.Kaij, District Beed, Through its President, Pandurang S/o Changdeo Tambde, Age 63 years, Occ.Agri.

Aurangabad, Dist.Aurangabad

32 wp 4831.2020+ WRIT PETITION NO. 5097 OF 2020 Kanishtha Va Varishtha Balgruha, Ganesh Nagar, Beed, Run by Shri Jagdamba Mahila, Bal Va Apang Kalyan Mandal, Beed, Through its Secretary, Smt. Sulochana Gangabhishan Ware, Age 63 years, Occ. Social Work ..Petitioner Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5098 OF 2020 Yogeshwari Mulache Balsadan, Pithi Ghat, Tal.Kaij, Dist.Beed, Run by Shahid Bhagatsingh Gramvikas Mandal, Shirur (Ghat), Tal.Kaij, District Beed, Through its President, Pandurang S/o Changdeo Tambde, Age 63 years, Occ. Agri.

33 wp 4831.2020+ Aurangabad, Dist.Aurangabad WRIT PETITION NO. 5099 OF 2020 Vithal Balakashram, Javalban, Run by Dnyanraj Bahuuddeshiya Gramin Mahila Mandal, Javalban, Tal.Kaij, District Beed, Through its President, Mangal Karpe, Age 45 years, Occ.Household Aurangabad, Dist.Aurangabad

34 wp 4831.2020+ WRIT PETITION NO. 5100 OF 2020 Chacha Nehru Balgraha, Samartha Nagar, Bhoom, Tal.Bhoom, Dist.Osmanabad, Run by Bharat Multipurpose Education Society, Nalgir, Tal.Udgir, District Latur, Through its Secretary, Devidas Pundlikrao Nadarge, Age 72 years, Occ.Agri.

Osmanabad, Dist.Osmanabad WRIT PETITION NO. 5101 OF 2020 Chacha Nehru Balgraha, Nageshwadi, Tal.Chakur, Dist.Latur, Run by Bharat Multipurpose Education Society, Nalgir, Tal.Udgir, District Latur, Through its Secretary, Devidas Pundlikrao Nadarge,

35 wp 4831.2020+ Age 72 years, Occ. Agri.

Latur, Dist.Latur WRIT PETITION NO. 5102 OF 2020 Sai Balsadan, Near Govt. ITI, Ashti, Tal.Ashti, Dist.Beed, Run by Shahu Maharaj Bahuuddeshiya Sevabhavi Sanstha Va Shikshan Prasarak Mandal, Ashti, Tal.Ashti, District Beed, Through its President, Sukhdev Suryabhan Pokale, Age 48 years, Occ. Agri.

36 wp 4831.2020+ Beed, Dist. Beed WRIT PETITION NO. 5500 OF 2020 Matoshri Balakashram, Chincholi Atnur, Tal.Jalkot, District Latur, Run by Sevadas Shikshan Prasarak Mandal, Shivaji Nagar, Tanda, Tal.Jalkot, Dist.Latur, Through its President, Ramrao S/o Shivaji Rathod, Age 64 years, Occ. Agri.

Latur, Dist. Latur

CORAM:

S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

Reserved for Judgment on:

28th OCTOBER, 2020

37 wp 4831.2020+ Judgment Pronounced on:

22nd DECEMBER, 2020 Judgment (Per S. V. Gangapurwala, J.):

Rule. Rule returnable forthwith. With the consent of learned Counsel for respective parties petitions are taken up for final hearing.

All these writ petitions are based on similar set of facts and involve common question of law. To avoid rigmarole are decided by a common judgment.

The petitioners in all these petitions assail the communication issued by the Commissioner Women and Child Development, Maharashtra State, Pune. Under the said communication, it is directed that only those institutions registered under the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to 'Act-2015') shall be entitled to admit the students. The contour of the petitioners contention is that; the petitioner institutions are registered under the Juvenile Justice (Care and Protection of Children)

38 wp 4831.2020+ Act, 2000 (hereinafter referred to 'Act-2000'). In view of proviso to Sub Section 1 of Section 41 of the Act-2015 fresh registration is not necessary. 4.

Though the subject matter of consideration in all these writ petitions is same; the learned Advocates for the petitioners Mr. N. P. Patil Jamalpurkar and Mr. S. S. Thombre differed in their submissions.

5.

Mr. N. P. Patil Jamalpurkar, the learned Advocate for the petitioners represented by him submits that the petitioners have filed applications for registration under the Act-2015. The respondents have taken decision in respect of 131 institutions as per Government Resolution dated 08.03.2019. Thereafter, under the Government Resolution dated 06.05.2020 more particularly, Clause 6, the Government was to take decision in respect of other institutions individually. No such decision is taken as yet. The respondents be directed to take decision in respect of those institutions at the earliest.

39 wp 4831.2020+ 6.

Mr. Thombre, learned Advocate for the petitioners represented by him is vociferous in contending that the institutions registered under the Act-2000 are not required to register afresh under the Act-2015. The learned Advocate to substantiate his submissions relies upon the proviso to Sub Section 1 of Section 41 of the Act2015. The learned Advocate submits that as per the proviso to Sub Section 1 of Section 41; the institution having valid registration under the Act-2000 on the date of commencement of the Act shall be deemed to have been registered under this Act. The proviso; as referred to; protects the registration of the institutions registered under the Act-2000 and they are not required to take fresh registration under the Act-2015. The learned Advocate submits that reliance on Rule 22 of the Rules of Maharashtra State Juvenile Justice (Care and Protection of Children) Rules, 2018 (hereinafter referred to 'Rules-2018') by the respondents is misplaced. Rules cannot override the statutory provisions. Rules are part of

40 wp 4831.2020+ subordinate legislation. The statute by virtue of proviso to Sub Section 1 of Section 41 provides for a deeming effect of the institutions registered under the Act-2000 to be deemed to be registered under the Act-2015. The said provision cannot be supplanted by Rule 22. The impugned communication prohibiting the institution from admitting the students in absence of registration under the Act-2015; though the institution is registered under the Act-2000; is illegal and deserves to be set aside.

7.

Mr. Mandlik, learned Senior Advocate representing the respondents submits that the writ petitions are not maintainable. The learned Senior Advocate submits that initially the registration of the institution was as per the provisions of the Act-2000, subsequently amended Act-2006 came into force. The registration of most of the petitioners was during the period 2006 to 2011. On or about 22.12.2011 Government Resolution was issued by the Women and Child Development, Maharashtra State that registration of such

41 wp 4831.2020+ institutions will have to be for 3 years and thereafter it will be considered for renewal of 5 years. In view of the Government Resolution dated 22.12.2011 the registration of all the petitioners came to an end.

8.

The State by exercising powers U/Sec. 110 of the Act-2015 framed Rules-2018. These rules came into effect from 13.03.2018. Rule 22 of the said Rules requires that all institutions running institutional care services for children in need of care and protection of children in conflict with law, whether run by the Government or voluntary organisation, shall be registered under sub-section (1) of Section 41 of the Act, irrespective of being registered or licensed under any other Act. It further mandates that all child care institutions registered under the Act-2000 which are deemed to be registered under Act -2015 to get registration certificate renewed after completion of 1 year as per the provisions of the Act and the Rules.

42 wp 4831.2020+ It is further submitted by the learned Senior Advocate that the Apex Court in Special Leave to Appeal (C) No. 33352 of 2017 Balvikas Sanstha Chalak and Karmachari Sanghatana Maharashtra State Vs. The State of Maharashtra and Others under its judgment dated 15.07.2019 had observed that as Act-2015 has come into force it would be open to the concerned institute or members of the petitioners association to pursue remedy before the authorities by making fresh application for grant of registration under the Act and the Rules framed thereunder. It further observed that the proposed applications for grant of their registration will have to be scrutinized by the appropriate authority in strict compliance with the provisions of the Act and the Rules made thereunder without any exception. The learned Senior Advocate contends, it is necessary for the petitioners to make compliance of mandatory provisions. They have not complied with the same and therefore registration was not given to them. It is observed by the department that many

43 wp 4831.2020+ petitioner institutions do not possess proper infrastructure and necessary facility required for child care institution as per the provisions of the Act and Rules. The petitioners have suppressed these facts. The writ petitions deserve to be dismissed.

9.

Upon considering the submissions of the respective learned Counsel; the moot question requiring consideration of this Court is- "Whether the Institutions granted registration under the Juvenile Justice (Care and Protection of Children) Act, 2000 would be required to apply for registration under the Act-2015 and / or seek renewal of registration after 1 year?"

10.

The Act-2000 was aimed at providing juvenile justice system for juveniles in conflict with law and children in need of care and protection by adopting a child friendly approach in adjudication and disposition of matters in the best interest of children and for their rehabilitation keeping in view the developmental needs of the children. The said Act was amended twice in the year 2006 and 2011 to address gaps in it's implementation and

44 wp 4831.2020+ make the law more child friendly. During the course of the implementation of the Act several issues arouse such as increased incidents of abuse of children in institutions, inadequate facilities, quality of care and rehabilitation measures in homes, responsibility and accountability of institutions, etc. have highlighted the need to review the existing law, as such the Act-2015 is enacted. The Act of 2015 has come into effect from 15th day of January, 2016. It repeals the Act of 2000.

11.

Sub Section 1 of Section 41 of the Act-2015 starts with the non obstante clause. The said provision mandates all institutions, whether run by the State Government or by a voluntary or non Governmental organization, which are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be registered under the Act-2015 in such manner as may be prescribed, within a period of 6 months from the date of commencement of this Act, regardless of whether they are

45 wp 4831.2020+ receiving the grants from the Central or, as the case may be the State Government or not. The institution can receive grants only if it is registered under the Act. The institution registered under the Act-2000 and receiving grants would be required to comply provisions under the Act-2015.

Obligation is imposed by Sub-Section 1 of Section 41 of the Act-2015 upon every institution meant either wholly or partially for housing children in need of care / protection or children in conflict with law to be registered under the Act-2015 within 6 months.

12.

Sub Section 1 of Section 41 of the Act-2015 is circumscribed by the proviso appended to it. Proviso appended to said Sub Section carves out an exception. The institutions possessing valid registration under the Act-2000 on the date of commencement of the Act-2015 shall be deemed to be registered under the Act-2015.

46 wp 4831.2020+ 13.

It is the cardinal rule of interpretation that proviso must be considered in relation to the principal matter to which it stands as a proviso. The language of the proviso is to be construed in relation to the subject matter covered by the Section to which the proviso is appended. The normal function of the proviso is to except something or to qualify something to what is in the enactment. Proviso may be added to an enactment to create an exception to what is in the enactment.

14.

The institutions to claim benefit of proviso to Sub-Section 1 of Section 41 of the Act-2015 should possess valid registration on the date of commencement of the Act-2015. The said registration should be in force on the date of commencement of the Act-2015. The registration of the institutions registered under the Act-2000 but had lapsed on the date of enforcement of the Act2015 would not be deemed to be registered under

47 wp 4831.2020+ the Act-2015. In that case, mandate of Sub-Section 1 of Section 41 of the Act-2015 shall have to be complied by such institutions.

15.

The institutions, though registered under the Act-2000, are required to comply with the provisions of the Act-2015 in all respects. All the requirements, such as, the infrastructure and all other aspects are to be complied as required under the Act-2015. Under the Act-2000 some of the institutions were registered for 5 years and renewals were granted to them from time to time and in cases of few institutions the registration did not provide for the period of registration. Under the Act-2015 once registration is granted the same is valid of 5 years as per Sub Section 6 of Section 41 and those institutions are required to apply for renewal. The petitioner institutions upon enactment of the Act-2015 and Rules-2016 would be governed by the Act-2015 and Rules framed thereunder. The registration under the Act-2015 cannot be valid for more than 5 years unless renewed.

48 wp 4831.2020+ 16.

Proviso to Sub Section 1 of Section 110 of the Act-2015 provides that the Central Government may frame Model Rules in respect of or any of the matters with respect to which the State Government is required to make Rules and where any such Model Rules have been framed in respect of any such matter they shall apply to the State mutatis mutandis unless the rules in respect of that matter are made by the State Government. The Model Rules-2016 framed by the Central Government came into force with effect from 21.09.2016. They were published in the Gazette on 21.09.2016.

17.

The State Government exercising the power U/Sec. 110 of the Act-2015 framed the rule. Section 110(1) (xxiii) empowers the State Government to frame rules for regulating the manner in which all institutions under Section 41(1) of the Act-2015 shall be registered.

18.

Rule 22 of the Rules framed by the State Government provides that those institutions which are registered under the Act-2000 and deemed to be

49 wp 4831.2020+ registered under the Act-2015 shall get the registration certificate renewed after completion of 1 year as per the provisions of the Act and Rules. Sub Rule 1(b) of Rule 22 gives grace of 1 year to the institutions registered under the Act2000 and said registration is in force on the date of commencement of the Act-2015 to get the renewal of the registration after completion of 1 year. 19.

Rule 22(1)(b) mandates all child care institutions registered under the Act-2000 and deemed to be registered under the Act-2015 to get registration certificate renewed after completion of 1 year as per the provision of Act and rules. Act-2015 came into force w.e.f. 01.01.2016 and Rules-2018 were operative w.e.f. 14.03.2018.

Rules are part of subordinate legislation. The statutory rules framed under the powers conferred by the Act become an integral part of the Act [National Insurance Co. V/s. Swarn Singh 2004 (3) SCC 297]. The Rule cannot override the provision of the statute. It cannot militate against the provision of the Act under which it

50 wp 4831.2020+ has been formed. An attempt must be made to give effect to all the provisions under a rule for interpretation of the statute. No provision should be considered as surplusage. Rule must be read in a manner that makes it workable with the statute. 20.

It is trite rule of interpretation that all the provisions of the statute and the Rules operating shall be read harmoniously so as to give effect to the provisions of the statute and that the provisions and the rules are not rendered otiose. Though the rule cannot affect, control or derogate from the section of the Act, so long as it does not have that effect, it has to be regarded as having the same force as the section of the Act. The Apex Court in case of The State of U. P. Vs. Babu Ram Upadhya [(1961 2 SCR 679 (CB)], observed that Rules made under a statute must be treated for all purposes of construction or obligation exactly as if they were in the Act and are to be of the same effect as if contained in the Act, and are to be judicially noticed for all purposes of construction or obligation.

51 wp 4831.2020+ 21.

Reading the proviso to Sub Section 1 of Section 41 of the Act-2015 and Sub Rule 1(b) of the Rule 22 of the Rules-2018 harmoniously the irresistible conclusion can be drawn that the institutions housing children in need of care and protection or children in conflict with law registered under the Act-2000 will be deemed to be registered under the Act-2015 and these institutions shall get renewal of their registration after completion of 1 year as per the provisions of the Act and Rules. The leverage has been given of 1 year for these institutions to get the registration renewed. Once the registration is granted under the Act-2015 that registration would be valid for 5 years and after 5 years the institution will have to seek renewal. Reference can be had to Sub Section 6 of Section 41 of the Act-2015.

22.

To apply for renewal of registration after 1 year is also necessary because these institutions deemed to be registered did not undergo rigors of registration under the Act-2015 so as to give an

52 wp 4831.2020+ opportunity to the authority to verify compliance of the requirement of the Act-2015 and the rules. 23.

The conspectus of the aforesaid discussion leads us to an irresistible conclusion that the institutions registered under the Act-2000, and the said registration validly in force on the date of implementation of the Act-2015, shall be deemed to be registered under the Act-2015 and these institutions shall apply for renewal of registration after 1 year of the enforcement of the Rules-2018.

24.

One year, since enforcement of the Rules2018, has also lapsed. The institutions possessing valid registration as on the date of implementation of the Act-2015 shall apply for renewal within a period of one (1) month from today. The said application for renewal shall be considered by the authorities on its own merits in tune with the provisions of the Act-2015 and Rules-2018. The institutions not possessing valid registration as on the date of the Act-2015 or the

53 wp 4831.2020+ registration having lapsed on the date of implementation of the Act-2015 are required to apply afresh. In case, such applications are made by the said institutions, the Government shall take decision upon it expeditiously and preferably within a period of three (03) months.

25.

Rule is disposed of accordingly with no orders as to costs.

26.

Writ Petitions are disposed of accordingly.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe