Court No. - 29
Case :- WRIT - C No. - 15297 of 2018 Petitioner :- Laxmi Shishu Grihaat And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ is preferred to challenge the order dated 27th February, 2018 passed by the Principal Secretary, Department of Women and Child Welfare,U.P.,Lucknow and the order dated 16th March, 2018 passed by the Director, Women and Child Welfare, U.P., Lucknow.
The grievance of the petitioner is that the respondents before cancelling the recognition of the petitioner as Specialized Adoption Agency has not provided any opportunity to give explanation as required under Clause 25(3) of the Adoption Regulations, 2017.
Learned Standing Counsel while opposing the writ petition brought to our notice that the order impugned has been passed invoking the power under the provisions of Section 65(4) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
On going through the order impugned and the enquiry report submitted by the Competent Authority, we are satisfied that the petitioner was found guilty for not maintaining the orphanage in accordance with the provisions of the Act of 2015. It is also pertinent to mention that the recognition was granted to the petitioner as Specialized Adoption Agency under Section 15(1) of the Orphanages and Other Charitable Home (Supervision and Control Act, 1960). The recognition expired in 2014 and only an application for renewal was under consideration.
In view of it, advice to maintain the writ petition that no opportunity was given to the petitioner itself is having no defence.
The writ petition is bereft of merit. It is, accordingly, dismissed.
Order Date :- 27.4.2018 MAA/-
(Jayant Banerji,J.) (Govind Mathur,J.)