Bombay High CourtWP/4362/2016dismissedrule discharged

The Freedom Firm Trust Ooty Tamilnadu Thr. Abraham Shashikant Hegde v. The State Of Maharashtra Thr. The Secretary Mumbai And Others

2016-11-18Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

1811wp4362.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4362/2016 The Freedom Firm Trust Ooty, Tamilnadu through Abraham Shashikant Hegde ...Versus...

The State of Maharashtra through the Secretary, Womens and Child Development Department, Mantralaya, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.R. Rathod Advocate for petitioner Shri N.H. Joshi, AGP for respondents CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 18.11.2016 By this petition, the petitioner challenges the communication of the respondent no.2 - Deputy Commissioner Women and Child Development, Pune, dated 26.2.2015 informing the petitioner that the services of the petitioner are no more required as the posts of Conciliation Officers in Shaskiya Karuna Mahila Vasatigruha are filled.

The learned Assistant Government Pleader appearing on behalf of the respondents states that the petitioner had filed Writ Petition No.3535/2015 challenging the very order dated, 26.2.2015 and this Court had dismissed the petition. It is stated that the services of the petitioner - NGO were suspended by the impugned order, dated 26.2.2015 as the posts of Conciliation

1811wp4362.16.odt Officers in the Shaskiya Karuna Mahila Vasatigruha were filled and there was no need for availing the services of the petitioner - NGO to give further training in the said Vasatigruha. We are not inclined to entertain the writ petition in the circumstances of the case. Writ Petition No.3535/2015 was dismissed as the petitioner was merely asked to give its say in the matter suspending the services of the petitioner for Shaskiya Karuna Mahila Vasatigruha. Merely because a couple of other NGOs are permitted to render their services to the Shaskiya Karuna Mahila Vasatigruha, it cannot be said that the petitioner would also have right to render its services to the said Vasatigruha.

Since there is no need of the services of the petitioner - NGO in view of the availability of adequate Conciliation Officers in Shaskiya Karuna Mahila Vasatigruha, the petitioner cannot make a claim to render the services in the said Vasatigruha though its services are not required. Merely because a couple of other NGOs are permitted to work in the said Vasatigruha, the petitioner cannot seek a direction for rendering the services in the said Vasatigruha, in the absence of any right to do so.

Since the relief sought by the petitioner cannot be granted, more so, in view of the dismissal of Writ Petition No.3535/2015, we dismiss this writ petition with no order as to costs.

JUDGE JUDGE Wadkar