[Cites 22, Cited by 0]
Bombay High Court
Yuvraj Santrao Bhole And Others vs The State Of Maharashtra And Others on 7 May, 2026
2026:BHC-AUG:20588-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2087 OF 2016
1. Yuvraj S/o Santrao Bhole,
Aged: 29 years, Occ: Service
as Superintendent at Shriram
Balgruha, Latur, Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
2. Avinash S/o Dadasaheb Bhosale,
Aged: 30 years, Occ: Service as
Counselor at Shriram Balgruha,
Latur, Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
3. Laxman S/o Gundu Giri,
Aged: 32 years, Occ: Service as
Counselor at Shriram Balgruha,
Latur, Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
4. Sadiq Ayyub Birajdar,
Aged: 30 years, Occ: Service as
Clerk at Shriram Balgruha, Latur,
Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
5. Smt. Shaikh Rahinabegum
Mohammad Pasha,
Aged: 34 years, Occ: Service as
Cook at Shriram Balgruha, Latur,
Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
6. Smt. Rajkanya Dattatraya Gunale,
Aged: 36 years, Occ: Service as
Cook at Shriram Balgruha, Latur,
Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
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7. Vijay S/o Baburao Patil,
Aged: 28 years, Occ: Service as
Helper at Shriram Balgruha, Latur,
Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
8. Pramod S/o Dadasaheb Bhosale,
Aged: 30 years, Occ: Service as
Helper at Shriram Balgruha, Latur,
Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
9. Ramrao S/o Baburao Nalapure,
Aged: 45 years, Occ: Service as
Helper at Shriram Balgruha, Latur,
Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
10. Anil S/o Mahadev Aade,
Aged: 33 years, Occ: Service as
Caretaker at Shriram Balgruha,
Latur, Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
11. Dnyandeep S/o Ramrao Nalapure,
Aged: 23 years, Occ: Service as
Caretaker at Shriram Balgruha,
Latur, Tq. & Dist. Latur,
R/o Latur, Tq. & Dist. Latur.
...PETITIONERS
- VERSUS -
1. The State of Maharashtra,
Through its Chief Secretary
Maharashtra State,
Mantralaya, Mumbai - 32.
2. The Secretary to the Government
of Maharashtra in Women and
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Child Development Department,
Mantralaya, Mumbai-32.
3. The Principal Secretary to the
Government of Maharashtra
in Finance Department,
Mantralaya, Mumbai 32.
4. The Principal Secretary to the
Government of Maharashtra
in Planning Department,
Mantralaya, Mumbai 32.
5. The Commissioner,
Women and Child Development,
Maharashtra State, Pune.
6. The Divisional Deputy Commissioner,
Women and Child Development,
Aurangabad Division, Aurangabad.
7. Sadbhavana Social Research
Youth Foundation, Matola,
Tq. & Dist. Latur.
Through its President/Secretary.
...RESPONDENTS
WITH
WRIT PETITION NO. 4198 OF 2016
MAHESH RAMBHAU MHETRE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 4199 OF 2016
SANDEEP PANDHARINATH PHAD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
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WITH
WRIT PETITION NO. 4202 OF 2016
SHASHISHEKHAR SHIVSHANKARAPPA MAHAJAN AND
OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 3005 OF 2016
NAGNATH MAHADAPPA NIGUDGE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 3006 OF 2016
RAJESH DHONDIBA SURWASE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 3007 OF 2016
SHIVAJI ISHWAR RATHOD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 3008 OF 2016
VAISHALI SHRIRAM MULE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
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WITH
WRIT PETITION NO. 3009 OF 2016
SUHAS SUDAMRAO DENG AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 3010 OF 2016
RAVI BHIMRAO CHAVAN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 3011 OF 2016
KISHOR SHIVHAR CHILLE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 3014 OF 2016
BHARAT CHANDAR PAWAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 3015 OF 2016
GAJANAN SHRIPATI MASKE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
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WITH
WRIT PETITION NO. 3016 OF 2016
ASHOK MANIKRAO GARAD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 3017 OF 2016
RAMAKANT KASHINATH RATHOD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 3018 OF 2016
AMOL CHANDRAKANT RATHOD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 4197 OF 2016
KAILAS KESHAVRAO SHEP AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 4200 OF 2016
RAHUL ASARAM BHOSALE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
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WRIT PETITION NO. 4201 OF 2016
MAHESHWAR RAM GIRI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
WITH
WRIT PETITION NO. 4203 OF 2016
SANDIPAN ACHYUTRAO HARALE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
...
Shri N.P. Patil Jamalpurkar, advocate for the petitioners.
Dr. Kalpalata Patil Bharaswadkar, Addl. GP for respondent Nos.1
to 6/ State.
...
CORAM : KISHORE C. SANT
&
SUSHIL M. GHODESWAR, JJ.
Reserved on : 21 April 2026
Pronounced on : 07 May 2026
ORDER (Per Sushil M. Ghodeswar, J.) :
-
"Our children are the rock on which our future will be
built, our greatest asset as a nation."
"Safety and security don't just happen; they are the result
of collective consensus and public investment. We owe our
children, the most vulnerable citizens in our society, a life free of
violence and fear."
- Nelson Mandela
1st President of South Africa.
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1. Heard the learned advocates for the respective
parties.
2. Since all these petitions raise a common grievance,
therefore, they are being decided by this common order.
3. For the sake of brevity and for proper appreciation
of submissions of the parties, the facts from Writ Petition
No.2087/2016, are taken into consideration in this order.
CONTENTIONS OF THE PETITIONERS
4. The petitioners are the employees of the institutions/
child homes/ Bal-Gruhas run by un-aided voluntary
organizations/ Non-Government Organizations (hereinafter
referred to as 'NGO') established under the Societies
Registration Act and the Maharashtra Public Trusts Act. The
petitioners are working on different posts like Superintendent,
Assistant Superintendent, Counselor, Junior Clerk, Caretaker,
Cook etc. in the Bal-Gruhas (child homes) run by these un-aided
NGOs. The staffing pattern and pay scale of these employees has
been prescribed vide Government Resolution dated 29.07.2006.
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Since these NGOs are not being provided salary grants by the
State Government, the petitioners, therefore, through these
petitions, are praying for issuance of directions to the respondent
Government Authorities to bring their service conditions at par
with those of the State Government employees and to sanction
and release salary grants in their favour from the date of their
appointments.
5. It is the case of the petitioners that Section 34 of The
Juvenile Justice (Care and Protection of Children) Act, 2000 (old
Act) provides that the State Government may establish and
maintain either by itself or in association with voluntary
organizations, children's homes, for the reception of child in need
of care and protection. In such children's homes, activities like
the child's care, treatment, education, training, development and
rehabilitation are to be undertaken strictly as per the statute. Vide
Sub-section (2) of Section 34 of the old Act, it is prescribed that
the State Government may provide for the management of
children's homes including the standards and the nature of
services to be provided by them, and the circumstances and the
manner in which, the certification of children's home or
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recognition to a voluntary organisation may be granted or
withdrawn.
6. According to the petitioners, subsequently, the old
Act came to be replaced by another enactment, namely, The
Juvenile Justice (Care and Protection of Children) Act, 2015 (Act
No. 2 of 2016) (the new Act), wherein, provisions of section 34
of the old Act have been incorporated in Section 50 of the new
Act with minor changes. Thus, it is to be seen that the children's
homes established by such voluntary non-governmental
organizations has to be registered and these children's homes are
required to take care of children in need and provide treatment,
education, training, development and rehabilitation. The State
Government may provide rules for monitoring and management
of such children's homes.
7. It is the case of the petitioners that under the Women
and Child Development Department of the State of Maharashtra,
child care resident centers like Balak Ashram, Bal Sadan and
Anathalaya were being run for orphans, destitute, physically and
mentally challenged as well as HIV disease affected children.
Further, the State Government issued Government Resolution
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dated 22.12.2006, wherein, the provision came to be made for
grant in aid for each child admitted in balgruhas towards his day
to day needs. Again, on 30.03.2007, another Government
Resolution came to be issued recognizing balakadhram, balsadan
and anathlaya as Balgruhas under the old Act of 2000. According
to the petitioners, vide another Government Resolution dated
29.07.2006, the State Government has also provided the staffing
pattern and pay scale for each post on such Balgruhas.
8. According to the petitioners, this is not the first
occasion for such appointees working in Child Homes of Un-
aided NGOs to approach this court. But, earlier the Principal Seat
of this Court in Writ Petition No. 990 of 1993 (Original Civil
Jurisdiction) (Malan Karale and others vs. Ms. Aloo Chibber and
others) dealt with similar issue when employees of Balkalyan
Nagari - a home set up for the care and protection of destitute
children, being run by Children's Aid Society, sought relief on
the ground of equal pay for equal work as employees of other six
children homes run by Children's Aid Society were receiving
salary grants except Balkalyan Nagari. The said Children's Aid
Society was already held to be instrumentality of the State under
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Article 12 of the Constitution of India vide Sheela Barse Vs.
Secretary, Children's Aid Society and others, (1987) 3 SCC 50 :
AIR 1987 SC 656. On 08.04.2005, this Court vide its elucidated
judgment in Malan Karale (supra), held that the petitioners are
entitled for the same pay scales as that of employees working in
other institutions of the Children's Aid Society with effect from
date of institution of writ petition. The State Government was
accordingly, directed to discharge liability of releasing grant to
the Children's Aid Society. The said judgment of principal seat
attained finality in view dismissal of the Special Leave to Appeal
(Civil) No. 1136/2006 preferred by the State Government, vide
order dated 24.01.2011. Thereafter, the State of Maharashtra
issued Government Resolution dated 18.03.2014 sanctioning
salary grants only for the employees of Balkalyan Nagari keeping
aside the other similarly placed Children Homes of other similar
NGOs or voluntary organizations.
9. It is, therefore, contended that these left over NGOs
preferred various representations to the government authorities,
however, no decision was ever taken. Therefore, again Writ
Petition Nos.2861/2012 (Maharashtra Mahila Prashikshan Bal
*13* wp2087o16 grp JJ Homes
Sadan vs. The State of Maharashtra and others ) and 2863/2012
(Mahila Va Balvikas Swayansevi Sanstha Karmachari Sangh vs.
The State of Maharashtra and others) came to be filed before this
Court at Aurangabad Bench. This Court vide explicit and well-
articulated judgment dated 02.05.2014 held that the Government
is required to take the decision in respect of salary grants of such
all employees working in Maharashtra. This Court observed that
the said petitioner had approached this Court in Writ Petition
No.10504/2010 and this Court vide order dated 27.01.2011
directed the State Government to take decision expeditiously on
the issue raised in the said petition. Therefore, this Court directed
the Chief Secretary of State of Maharashtra to convey a joint
meeting of the Principal Secretary of Women and Child
Development Department and the Principal Secretary of Finance
Department in consonance with the observations made in
judgment and order passed in WP No.990 of 1993 (Principal
Seat) (supra) for taking appropriate decision.
10. In view of the above facts, now the petitioners-
employees have again approached to this Court for issuance of
necessary directions to the respondent State Authorities for
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releasing the salary grants.
REPLY OF THE RESPONDENT GOVERNMENT
11. The reply cum affidavits came to be filed on behalf
of the State Government. According to the Government, it has
neither advertised nor called for applications from NGOs to run
Children Homes. They themselves approached and expressed
willingness to register and run Children Homes /balgruhas. As
per the directions of this Court in WP No.2861/2012 (supra), the
Chief Secretary of State Government held a meeting on
26.05.2014 and the decision was taken to reject the proposal of
the Commissioner, Women and Child Development Department
regarding salary grants and grants for building rent. The State
Government is providing grant in aid (non salary) to support the
organizations to run Balgruhas at the rate of Rs. 2000/- per month
per child out of which Rs.1500/- is to be paid for maintenance of
children and Rs.500/- is towards the other administrative
expenses including salary of staff. The appointment of staff was
solely made by the organizations and not by the State
Government, hence no question arises for providing salary grants
to them. Therefore, such staff cannot be treated as Government
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Servants and hence, is not entitled for pay scale prescribed for
regular government servants.
12. According to the State Government, even in
Government Resolution dated 29.07.2006, it is clearly mentioned
that no salary grants shall be provided. The organization or the
NGOs have been registered under the Societies Registration Act,
1860 and they are entitled to receive donations from the society,
therefore, it is their responsibility to raise funds and fulfill the
requirement and needs of the organization. According to the State
Government, the State of Maharashtra has highest number of
Children's Homes i.e. 994 homes with 82,859 inmates capacity
receiving non salary grant in aid from the government. Therefore,
there shall be huge financial burden on the State if salary grants
are provided to such NGOs.
13. It is also submitted by the State Government that
many institutions do not have even single admission at the
moment. Many institutions were found without students, staff
during surprise visit by the officers of the Government. Most of
such institutions are not functioning. Merely because these
homes have been recognized, it does not necessarily mean that
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they have been granted permission for receiving salary grants.
All these institutions have submitted an undertaking that they
will run institutions on their own funding.
14. It is also submitted by the State Government that this
Court may not issue directions to the State to provide salary
grants to such employees of the NGOs as salary and allowances
of the staff of NGOs is a matter of contract between the NGOs
and staff members and as such, same is not within the domain of
public view. There is no provision in the new JJ Act of 2015 nor
the Rules made thereunder to pay staff salary as being paid to the
Government aided Balgruhas. The respondent State relied upon
various judgments delivered by Hon'ble Apex Court to justify
that equal pay can not be granted as of right and it is for the
employees to show that they fulfill all criterias for claiming such
reliefs. Therefore, the respondents authorities have prayed for
dismissal of the instant writ petitions.
THE SCHEME OF CHILDREN HOME UNDER THE NEW JJ
ACT, 2015.
15. In 2000, India introduced a new Juvenile Justice
(Care and Protection of Children) Act, 2000 which governs both
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children in conflict with the law and children in need of
protection. While the said Act of 2000 is the Central Government
legislation, but implementation lies with the State Government
which has powers to make rules, establish juvenile justice board,
establish institutions and develop rehabilitation and social
reintegration programs. Section 34 of the old Act of 2000 which
is now introduced vide Section 50 of the new Act 2015,
empowers the State Government to establish and maintain either
by itself or through voluntary organizations the children's homes
for children in need of care and protection and for their care,
treatment, education, training, development and rehabilitation.
These children homes shall be registered for the placement of
children in need of care and protection for their care, treatment,
education, training, development and rehabilitation.
16. The State Government may designate any Children's
home as a home fit for children with special needs delivering
specialized services depending upon requirement. The State
Government may make rules for monitoring and management of
children's home including standards and nature of services to be
provided by them, based on the individual care plans for each
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child. Section 53 of the new Act of 2015 which is analogous to
Section 44 of the old Act of 2000, states that the services shall be
provided by such children's home like food, shelter, clothing, and
medical attention as per prescribed standard, appropriate
education including supplementary education, special education
and appropriate education for children with special needs. The
services like skill development, occupation therapy and life skill
education, mental health interventions, including counseling as
per need of child, recreational activities including sports and
cultural activities, referral services for education, vocational
training, de-addiction, treatment for diseases where required and
any other service that may reasonably be provided in order to
ensure the well being of child. The children, who are being
admitted to such institutions, require all that care and attention
which the other children of the society being provided.
CONCLUSIONS:-
17. Article 39(f) of the Constitution of India mandates
that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity, and
that childhood and youth are protected against exploitation and
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moral and material abandonment. Though this Article 39(f) is the
part of the Directive Principles, this provision has been
consistently read in conjunction with Articles 14 and 21 by the
Hon'ble Supreme Court to impose a positive obligation upon the
State. (Ref. Lakshmi Kant Pandey v. Union of India, (1984) 2
SCC 244, Sheela Barse v. Union of India, (1986) 3 SCC 596 and
Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1).
18. We find that under the scheme of law, the Children
Homes must contain well educated, trained and experienced staff
to provide aforesaid facilities or activities. To provide such
activities, these children's homes or the institutions must recruit
well educated and well trained/experienced staff. If proper well
educated and trained staff is not appointed or recruited to carry
out the aforesaid activities, then the purpose of the Act for which
it is enacted shall be defeated. The creation of children's homes
would be an empty formality if the children admitted there are
not provided proper environment, treatment, education,
nourishment, skill development and all that is prescribed under
the Act and Rules.
19. The voluntary organizations or the Non-Government
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Organizations are running these children's homes in the State of
Maharashtra. They are registered and staffing pattern as well pay
fixation is also prescribed by the State Government. To employ
staff, these NGOs or voluntary Organizations are required to
recruit well educated, trained or experienced staff. For the
purpose of salary, these NGOs are depending upon the
donations. Thus, quality and efficiency of the staff of children
homes will be depending upon the payment or salary structure
maintained by these NGOs. Naturally, they are not expected to
make salary payments at par with those of Government
employees working on similarly posts and performing same
duties. At the same time, the Government cannot absolve or run
away from its duties and expectations as per Articles 37, 38 and
39 of the Constitution of India.
20. This Court already in Writ Petition No.2861/2012
(supra) observed that such employees are required to be treated
equally at par with the employees working in the State
Government's similarly placed Children's Homes and
accordingly, had directed the Chief Secretary of the State to call a
joint meeting. Though the said exercise undertaken was not
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successful, however, the reasons coming forth for not providing
salary grants to these children's homes are not appropriate and
satisfying.
21. We, at this juncture, would like to place on record
that children, who are in need of care and protection, are placed
in children home for specific purpose. The Juvenile Justice (Care
and Protection of Children) Act, 2015 aims to create separate and
special place for the welfare and overall development of the
juvenile. If these helpless children are not given proper attention
and education, then certainly they may become victims of socio-
economic issues like poverty, unemployment, health
deterioration, crime and violence and many more. While dealing
with this important matter concerning about child development,
we would like to quote from Mr.Wess Stafford, Former President
and CEO of Compassion International and advocate for children:
"If we nurture the dreams of children, the world will be blessed.
If we destroy them, the world is doomed."
22. This Court at principal seat in Writ Petition No.990
of 1993 (Original Civil Jurisdiction) (supra) and in WP No.
2861/2012 (Aurangabad Bench) (supra), while giving directions
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to the State Government has in clear unequivocal terms observed
that such employees are required to be paid salary by sanctioning
them salary grants by the State Government. The staff unless and
until adequately paid is not expected to perform well and as such,
will certainly disturb the administration as well as performance
of the children homes. The well educated and trained staff is
necessary at each Bal Gruha. The children admitted in such Bal
Gruha are not expected to achieve heights in their carrier or
build strong future if they are not provided proper attention, care,
nourishment, education etc..
23. The Hon'ble Apex Court in Sampurna Behura vs.
Union of India reported in (2018) 4 SCC 433 , had an occasion to
deal with the Public Interest Litigation relating to primary
responsibility on the State to ensure that the needs of children are
met and their basic human rights are protected. The Hon'ble
Supreme Court observed that children's rights are not charity, but
constitutional obligation and the State cannot plead lack of funds
and administrative difficulty. In the said judgment, in sub-para
Nos.11 and 13 of para No.9.5 in Conclusions and Directions, it is
observed as under:-
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"11. The management of Child Care Institutions is
extremely important and State Governments
and Union Territories would be well advised to
ensure that all such institutions are registered
so that children can live a dignified life in these
institutions and issues of missing children and
trafficking are also addressed."
"13. The JJ fund is a bit of an embarrassment with
an absence of an effective response from the
State Governments and the Union Territories. If
financial resources are not made available for
the welfare of the children we shudder to think
what could be better utilization of the funds."
24. It is also observed and directed in above stated
judgment by the Hon'ble Apex Court that the child care
institutions be managed and maintained in a manner that is
conducive to the well being of children in all respects including
nutrition, education, medical benefits, skill development and
general living conditions.
25. We are conscious of the fact that the directive
principles of State Policy enshrined under the Constitution of
India are not enforceable in the courts of law. However, at the
same time, it does not mean that they cannot create obligation or
duties binding on the State. If the directive principles impose any
obligation or duties on the State, the State would be bound by the
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Constitutional mandate to carry out such obligation or duties,
even though no corresponding right is created in any one which
can be enforced in a court of law. (Ref: Minerva Mills Ltd.
Versus Union of India AIR 1980 SC 1789 (Per Bhagwati J).
26. The Hon'ble Supreme Court in Bandhua Mukti
Morcha v. Union of India, (1984) 3 SCC 161 , has authoritatively
held that where the State is under a constitutional or statutory
obligation to ensure basic human dignity, it cannot avoid its
responsibility on the ground that such obligations are being
discharged through voluntary agencies. The Court emphasised
that the ultimate responsibility to ensure compliance with welfare
legislation rests with the State.
27. We are disappointed with the way this issue was
dealt with by the State Government despite specific directions
given by this Court in WP No.2861/2012 (supra). We, therefore,
expect from the State Government again to consider the issue as
per the importance and conclusions drawn by the Hon'ble Apex
Court as well as this Court in the respective judgments discussed
herein above.
28. We feel that the State Government shall create or
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select or identify at least one children home run by voluntary
organization in each district of the State which is having good
capacity and also having well needed infrastructure, well
educated and trained staff and complying with all requirements
as per law.
29. The State Government is, therefore, required to deal
with this issue by giving priority and shall consider to frame an
appropriate policy, within a period of SIX MONTHS from today,
for providing salary grants to deserving NGOs which are
functioning strictly in compliance with the provisions of the new
JJ Act, 2015.
30. With these observations, the Writ Petitions are
disposed of.
31. Before parting, we observe that when the State of
Maharashtra is extending financial assistance to poor women in
the State under several welfare schemes such as Ladki Bahin
Yojana, it cannot, without any reasonable classification or
justification, deny or delay financial aid to institutions catering to
children in need of care and protection. Such allocation of
resources must satisfy the test of reasonableness under Article 14.
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The State is under higher constitutional obligation to prioritise
the welfare, education, and rehabilitation of children, failing
which the very object of the Juvenile Justice law would stand
defeated and the larger societal interest would be seriously
jeopardised. We hope and trust that the State Government would
act positively in this regard.
kps (SUSHIL M. GHODESWAR, J.) (KISHORE C. SANT, J.)
