[Cites 2, Cited by 0]
Chattisgarh High Court
Bastar Samajik Jan Vikas Samiti vs State Of Chhattisgarh on 30 March, 2026
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1384 of 2026
Bastar Samajik Jan Vikas Samiti Through Its Secretary, Gayatri Kunj, Ward No.
35, Chhatrapati Shivaji, Ward, Tetarkuti, Aghanpur Distt.- Jagdalpur (C.G.)
... Petitioner
versus
1 - State Of Chhattisgarh Through Its Secretary, Women And Child Development
Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Distt.- Raipur (C.G.)
2 - Director Directorate Of Women And Child Development Department And
Secretary State Child Protection Committee, Nava Raipur, Atal Nagar, Distt.-
Raipur (C.G.)
3 - Union Of India Through Secretary Women And Child Development
Department, A Wing, Room No. 310, Shastri Bhawan, New Delhi - 110001
(India).
4 - District Program Officer Women And Child Development Department,
Jagdalpur, Distt.- Bastar (C.G.)
Digitally
BINI
signed by
BINI
PRADEEP
5 - Collector Jagdalpur, Distt.- Bastar (C.G.)
PRADEEP Date:
6 - Directorate Of Women And Child Development Through Its Director, Indravati
2026.04.01
11:29:13
+0530
Bhawan, Block - 01, 2nd Floor, Nava Raipur, Atal Nagar, Distt.- Raipur (C.G.)
... Respondents
Order Sheet
30/03/2026 Mr. Soumitra Kesharwani, counsel for the petitioner.
Mr. Amit Nayak, Panel Lawyer for the State/
respondents 1, 2 & 4 to 6.
Mr. Rishabh Dev Singh, Advocate for Union of
India/respondent No.3.
Heard on IA No.01/2026, application for grant of stay/
Interim relief.
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
06.12.2023 and thereby it will expire on 05/06.12.2028. 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/9) and 27.05.2025, 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, Bastar to inform the
concerned Insitution 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
Programme Officer, Jagdalpur, Distt. Bastar has issued the
impugned order dated 10.3.2026 (Annexure-P/1) constituting
a committee to furnish a list of permanent and temporary
articles/assets of its Institution of Jagdalpur before
01.04.2026 in order to comply with the aforesaid direction
issued by the Govt. of India and the petitioner is affected by
the state notices.
Learned 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 Programme Officer, Women and
Child Development Department, Jagdalpur, Distt. Bastar 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 the 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.
3 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 06.12.2023 for a further period of 5 years, as
contended by the petitioner, 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 status quo as it
exists today shall be maintained by both the parties in
respect of the impugned communication dated 29.12.2025
(Annexure-P/2) and subsequent communication dated
10.3.2026 (Annexure-P/1), so far as they relates to the
petitioner solely, till the next date of hearing.
List this case along with WPC No.1280/2026.
Learned cousnel for the State is also directed to file
list of all Child Care Institutions, run by NGOs in the State of
Chhattisgarh, on the next date of hearing.
sd/-
(Naresh Kumar Chandravanshi)
Bini
Judge
