[Cites 2, Cited by 0]
Chattisgarh High Court
Vasundhara Jankalyan Samiti vs State Of Chhattisgarh on 24 March, 2026
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HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1280 of 2026
VASUNDHARA JANKALYAN SAMITI, versus STATE OF CHHATTISGARH
Order on Board
24/03/2026 Mr. Soumitra Kesharwani, Counsel for the petitioner.
Mr. Anadi Sharma, PL for the respondents/State.
Ms. Jyoti Singh, Advocate on behalf of Mr. Ramakant
Mishra, DSGI for respondent/UOI.
Heard on I.A. No. 01/2026, 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
07.12.2023, and thereby it will expire on 06/07-12-2028. 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/10) 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 Sarguja, to inform the concerned Institution 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
District Program Officer Ambikapur, District Sarguja has
issued the impugned order dated 05.02.2026 (Annexure-P/1)
constituting a committee to furnish a list of permanent and
temporary articles/assets of the Institutions of Ambikapur
before 01.04.2026 in order to comply with the aforesaid
direction issued by the Govt. of India and petitioner is affected
by the said notices.
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, Ambikapur, District Sarguja, 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, 3, 4 &
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.
2 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, 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
communication dated 29.12.2025 (Annexure-P/2) and
subsequent communication dated 05.02.2026 (Annexure-P/1)
so far as they relates to the petitioner solely, till the next date
of hearing.
List this case along with connected matters as earlier.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
AMIT by AMIT
KUMAR DUBEY
KUMAR Date:
DUBEY 2026.03.25
18:32:41 +0530
