Bombay High Court
Maharashtra Shikshan Sanstha Akkalkot vs The State Of Maharashtra Thr Principal ... on 30 January, 2025
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2025:BHC-AS:5072-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1183 OF 2025
Maharashtra Shikshan Sanstha, ]
Akkalkot, Dist. Solapur ] .. Petitioner
Versus
1. The State of Maharashtra, ]
Through the Principal Secretary, ]
Women & Child Development Dept. ]
2. The Commissioner, ]
Women and Child Development, ]
Maharashtra State, Pune ]
3. The District Women & Child Development ]
Officer, Solapur ] .. Respondents
Mr. D.G. Dhanure, Advocate for the Petitioner.
Smt. Ashwini A. Purav, Assistant Government Pleader for the Respondents.
CORAM : A.S. CHANDURKAR &
M.M. SATHAYE, JJ
DATE : 30TH JANUARY 2025.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. Rule. Rule made returnable forthwith and heard learned counsel for
the parties. The petitioner - an Institution that runs a Children's Home is
aggrieved by the issuance of Government Resolution dated 4 th October
2024 to the extent it cancels the registration granted to it under Section
41 of the provisions of the Juvenile Justice (Care and Protection of
Children) Act, 2015 (for short, "the Act of 2015").
2. The petitioner was granted a Certificate of Registration under
Section 41(1) of the Act of 2015 on 8 th March 2019. As per the provisions
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of sub-rule (7) of Section 41, it is open for the State Government to either
cancel or withhold registration as the case may be after following the
procedure prescribed in that regard. Under Section 2(47), the expression
"prescribed" has been defined to mean "prescribed by Rules made under
the Act of 2015". Rule 22 of the Maharashtra State Juvenile Justice (Care
and Protection of Children) Rules, 2018 specifies the manner in which the
registration of an Institution can either be withdrawn or cancelled. Rule
21(6) postulates service of notice on the Management along with all
material to indicate unsatisfactory compliance with the standards
prescribed under the Act of 2015. It is thus clear that as per the procedure
prescribed under the Act of 2015, an opportunity of hearing which is in
compliance with principles of natural justice has to be afforded before a
registration granted under Section 41(1) is cancelled or withheld under
Section 41(7) of the Act of 2015.
3. The only ground of challenge raised by the learned counsel for the
petitioner is absence of any such notice being given to the petitioner in
accordance with Rule 22(6) of the Rules of 2018 before registration of the
Institution was cancelled under Section 41(7) of the Act of 2015. On
perusal of the record, we find that no opportunity whatsoever was granted
to the petitioner to meet the ground of unsatisfactory compliance, on the
basis of which its registration has been cancelled. It is well settled that an
order resulting in civil consequences has to be passed after complying with
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principles of natural justice. In absence of any notice as prescribed by Rule
22(6) of the Rules of 2018 being given to the petitioner prior to cancelling
its registration, the execution of the Government Resolution dated 4 th
October 2024 insofar as the petitioner - Institution is concerned deserves
to be interfered with.
4. For aforesaid reasons, the cancellation of registration of the
petitioner-Institution, which is at Sr.No.19 of Annexure-A to the
Government Resolution dated 4th October 2024, is quashed and set aside
on the ground that its registration has been cancelled in breach of
principles of natural justice.
5. It would be open for the respondents to take appropriate action in
accordance with law after complying with the requirements of Rule 22(6)
of the Rules of 2018 in case its registration is to be cancelled or
withdrawn. It is clarified that this Court has not examined the correctness
of the reasons that have resulted in cancellation of such registration and
all issues in that regard are kept open.
6. Rule is made absolute in aforesaid terms with no order as to costs.
[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ]
Digitally
signed by
SNEHA
SNEHA ABHAY 6-WP-1183-2025.doc
ABHAY DIXIT
Dixit
DIXIT Date:
2025.02.03
18:14:10
+0530
