[Cites 2, Cited by 0]
Chattisgarh High Court
Samarpit Centre For Poverty ... vs State Of Chhattisgarh on 2 April, 2026
1/5
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1470 of 2026
SAMARPIT CENTRE FOR POVERTY ALLEVIATION AND SOCIAL RESEARCH
versus STATE OF CHHATTISGARH
Order on Board
02/04/2026 Mr. Sibasish Mishra, Counsel for the petitioner .
Mr. Shobhit Mishra, Dy. Govt. Advocate for the State.
Mr. Ramakant Pandey, Senior Panel Counsel for Union
of India / respondent No. 6.
Heard on I.A. No. 1/2026, which is an application for
grant of interim relief / stay.
Learned counsel for the petitioner submits that the
Petitioner-Institution is a registered society duly recognized
by the respondent Authority to run a Child Care Institution
(CCI), for which its registration is renewed from time to time
and lastly, in the year 2023, the registration of the petitioner
was renewed for a period of 5 years vide Notification dated
21.04.2023, and thereby it will expire on 20.04.2028. He
further submits that on the basis of
communications/resolutions made by the Project Approval
Board (PAB) of the Ministry of Women & Child Development
(Govt. of India) on 23.08.2024 (Annexure-P/8) and
27.05.2025 (Annexure-P/9), the respondent-Director,
Directorate of Women and Child Development, Raipur has
issued a communication dated 29.12.2025 (Annexure-P/2)
directing the respondent-District Program Officer, Women
and Child Development, District Jashpur, to inform the
petitioner that a direction has been issued by the Ministry of
Women and Child Development to run CCIs by the State
Government as Government institutions. In compliance with
the said order, the aforesaid District Program Officer has
issued the impugned order dated 09.03.2026 (Annexure-
P/1) directing the petitioner to furnish a list of permanent
and temporary articles/assets of its Institution before
01.04.2026 in order to comply with the aforesaid direction
issued by the Govt. of India.
Counsel further submits that the aforesaid
communications have been issued in light of resolutions
passed by the PAB in its meetings dated 12.08.2024 and
09.04.2025, however, in said resolutions, it is not mentioned
by the PAB that the ownership and responsibility of
administration and monitoring of the NGO running the CCI
will be taken, rather vide the meeting dated 09.04.2025, a
resolution was passed only to the effect that new/fresh
NGOs be discouraged to run CCIs and that the State/UT
may propose the functioning of new and additional CCIs.
In view of such submissions, counsel submits that in
the garb of the aforesaid resolution passed by the PAB,
without invoking the provisions of Section 41(7) of the
Juvenile Justice (Care and Protection of Children) Act, 2015
(Act 2015), the impugned communication/order (Annexure-
P/1) issued by the District Program Officer, Women and
Child Development Department, Jashpur, to provide details
of temporary and permanent assets in order to take charge
of the CCI, is not justifiable and is bad in law. Hence, interim
protection may be granted to the petitioner.
In reply, learned counsel for respondents No. 1 to 5 /
State submits that both communications (Annexure-P/1 and
P/2) have been issued by the respondents/Authorities in
light of the proposal passed by the PAB on 12.08.2024 and
09.04.2025. He further submits that in the proposal dated
12.08.2024, only a request was made to the State
Government to take ownership and administration for
monitoring of existing NGOs to run CCIs in order to ensure
effective delivery of services as mandated under the Act of
2015, from the year 2024 onward. He also submits that the
State Government has not passed any order for the
cancellation of the registration of the petitioner, rather,
under the impugned order, only details of permanent and
temporary assets have been sought from the petitioner.
Hence, there is no requirement for interim protection in
favour of the petitioner.
Learned counsel for the Union of India/respondent
No. 6 submits that in light of the resolution passed by the
PAB on 27.05.2025, a new policy regarding CCIs housing
special needs children as well as specialized adoption
agencies was formulated on 21.07.2025. Therefore, some
time may be given to file a reply. However, interim
protection may not be granted to the petitioner.
Considering the prayer of the counsel for the UOI, 2
weeks' time is granted to file reply to the main petition as
well as the application for interim relief.
Heard learned counsel for the parties.
From, prima facie, perusal of the documents, it
appears that the petitioner Institution has already been
registered as a Child Care Institution under the provisions of
Section 41 of the Act of 2015, and it has been extended
from time to time. The last registration was issued in favour
of the petitioner on 21.04.2023 for a further period of 5
years, which has not been cancelled yet. Further, no
circumstances as provided under Section 41(7) of the Act of
2015 have been made against the petitioner. Even from the
perusal of the resolution passed by the Project Approval
Board, it appears that no decision has been made to take
over the ownership and responsibility of the existing NGO.
Hence, considering the aforesaid facts and
circumstances of the case, this Court feels inclined to grant
interim protection in favor of the petitioner until the next date
of hearing. Therefore, it is directed that no coercive steps
shall be taken against the petitioner in respect of the
impugned communication dated 29.12.2025 (Annexure-P/2)
and subsequent communication dated 14.01.2026
(Annexure-P/1), till the next date of hearing.
List this case after two weeks.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
AMIT Digitally signed
by AMIT KUMAR
KUMAR DUBEY
Date: 2026.04.06
DUBEY 12:17:05 +0530
