[Cites 2, Cited by 0]
Chattisgarh High Court
Arpan Kalayan Samiti vs State Of Chhattisgarh on 18 March, 2026
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1172 of 2026
Arpan Kalayan Samiti Through Its President, Near Maa Sharda Travels, Old Bus
Stand, Pandri, Distt. Raipur Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through Its Secretary, Women And Child Development
Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Distt. Raipur
Chhattisgarh
2 - Director Directorate Of Women And Child Development Department And
Secretary State Child Protection Committee, Nava Raipur, Atal Nagar, Distt.
Raipur Chhattisgarh
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, Distt.
South Bastar Dantewada Chhattisgarh
5 - Collector Distt. South Bastar Dantewada Chhattisgarh
6 - Directorate Of Women And Child Development Through Its Director, Indravati
Bhawan, Block - 01, 2nd Floor, Nava Raipur, Atal Nagar, Distt. Raipur
Chhattisgarh
Digitally
signed by
BINI
... Respondents
BINI PRADEEP
PRADEEP Date:
2026.03.19
10:38:38
+0530
Order Sheet
18/03/2026 Mr. Soumitra Kesharwani, counsel for the petitioner.
Dr. Arham Siddiqui, Panel Lawyer for the State/
respondents 1, 2 & 4 to 6.
Ms. Jyoti Singh, Advocate on behalf of Mr. Ramakant
Mishra, Dy. Solicitor General for Union of India/respondent
No.3.
Heard on Ia No.01/2026, application for grant of 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
07.12.2023 and thereby it will expire on 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/11) 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, District
South Bastar, Dantewada, 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 24.02.2026 (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.
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 Program Officer, Women and
Child Development Department, South Bastar, Dantewada
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, 2, 4, 5
& 6/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 07.12.2023 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 is 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 24.02.2026
(Annexure-P/1), till the next date of hearing.
List this case along with WPC No.508/2026 after 2
weeks.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Bini
