Delhi High Court
Harpal Singh Rana vs Union Of India & Ors. on 18 August, 2020
$~11.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 18th August, 2020
+ W.P.(C) 3622/2020
HARPAL SINGH RANA ..... Petitioner
Through: Mr.Akhil Rana, Adv.
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms.Shiva Lakshmi, Adv. for R-
1/UOI.
Ms.Hetu Arora Sethi, ASC for GNCTD along with
Mr.Arun Kr.Jha, Jt. Director, Mr.Premoday
Khakha, Asstt. Director, Deptt. of WCD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
: D. N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
1. This Public Interest Litigation has been preferred with the following
prayers:-
"i. That writ of mandamus may please be allowed directing the
respondents to submit a detailed scheme provision for the
education living and other prospects of life for orphans.
ii. Quota should be given to orphan kids while applying for
admission in schools under the EWS quota.
iii. There should be a provision for the financial assistance be
given to the persons who looking after the orphans.
iv. Pass any further order/s that this Hon'ble Court may deem fit
and proper in the facts and circumstances of the present case."
2. Having heard the learned counsel for the parties and looking to the
facts and circumstances of the case, the Government of NCT of Delhi has
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:19.08.2020
10:54:33
stated that orphan children have been granted admission by either in the
private schools or in public schools.
3. The Government of NCT of Delhi has filed the status report dated
15th July, 2020. Paragraph 1 of the said status report is reproduced
hereunder for ready reference:-
"1.That the present status report is submitted in compliance to
the directions given by the Hon'ble Court on 02.07.2020. In this
connection it is submitted that with regard to the directions
given at para 6 and 7 of the Hon'ble Court order dated
02.07.2020 following information is given for kind perusal and
consideration of the Hon'ble Court:
(i) Out of a total of 225 children being given admission in
schools, the specific details of 25 orphan children amongst
them is given below:
S.No. Name of Age Sex Class and Name of DCPU wise
the Child the School in which District
admission was given
1. Chandni 14 Female Class-9 Nicholson Central
Attar School, Kashmiri
Gate
2. Beena 15 Female Class-10, Chabi Central
Ganj School,
Kashmere Gate
3. Kajal 15 Female Class-10, Chabi Central
Pandey Ganj School,
Kashmere Gate
4. Riyan 8 Male Class- 4, Sarvodaya Central
Bal Vidyalaya,
Roshanara Road
5. Ganga 14 Male Class- 8, Sarvodaya Central
Ram Bal Vidyalaya,
Morigate
6. Shabana 13 Female Class-VII, Birla Central
Arya Girls Senior
Secondary School,
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:19.08.2020
10:54:33
Kamla Nagar
7. Uttam 7 Male Class- 3, East Delhi North East
Municipal &
Corporation Primary Shahdra
School
8. Bhawana 8 Female Class- 4, South South
Delhi Municipal
Corporation School,
Lajpat Nagar
9. Deepak 13 Male Class- 8, Sarvodaya South
Bal Senior
Secondary School
No.1, Mehrauli
10. Jaswant 15 Male Class- 8, St. Mary's South
School, Safdarjung
Enclave
11. Aarti 14 Female Lady Nyoce Senior West
Secondary School,
Feroz Shah Kotla,
Delhi Gate
12. Raj 10 Male Class-5, NDMC North West
School, EE-Slock,
Jahangirpuri
13. Sarfaraz 16 Male Class- 9, GBSS, E- North West
Block Jahangirpuri
14. Babita 14 Female Class-9, GSKV North West
School, Alipur
15. Kajal 12 Female Class-6, GSKV North West
School, Alipur
16. Suraj 6 Male Class-2 MCD East
School, Motia Khan,
Paharganj
17. Sita 17 Female Class- 11, South East
Government Girls
Sr. Secondary
School No.1, East
of Kailash
18. Mani 17 Male Class- 10 South East
Thoi Government Boys
Secondary School
Garhi, Jharia Maria
19. Radha 16 Female Class- 8, South East
Government Girls
Sr. Secondary
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
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10:54:33
School No.1, East
of Kailash
20. Krishna 14 Male Class- 4, A. M. South East
Saraswati Bal
Mandir, Lajpat
Nagar
21. Devendar 18 Male Class- 12, G.L.T South East
Kumar Saraswati Bal
Mandir, Nehru
Nagar
22. Pooja 14 Female Class- 9, Govt. Girls South East
Senior Secondary
School, Ambedkar
Nagar
23. Pankaj 17 Male Class- 9. Govt. Boys South West
Kumar Senior Secondary &
School, Najhafgarh
Dwarka
24. Anju 18 Female Class-11 Govt. South West
Girls Senior &
Secondary School Najhafgarh
Dichao Kalan
25. Kajal 17 Female Class-12 Baba Ram New Delhi
Dev Higher
Secondary School,
Prasad Nagar
In addition to the details provided in the above table, the table
given below gives district wise total number of orphans who
were given admissions in school between the period 01.04.2019
to 31.03.2020:
S. No. Name of the District Total number of orphan
children given
admission in school
2. North East & Shahdara 01
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Digitally Signed By:PANKAJ
KUMAR
Location:
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9. South West & Najhafgarh 39
225 Total
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"
4. The said Status Report filed by the Department of Women and Child
Development, Government of NCT of Delhi also contains details of 28
orphans who have been provided employment between 01.04.2019 and
31.03.2020. The employment has been secured in various sectors, including
hospitality, teaching and in non-governmental organisations.
5. Similarly, the Department of Social Welfare, Government of NCT of
Delhi has also filed a Status Report dated 15.07.2020, giving details of the
educational and employment status of the residents of Asha Kiran Homes,
which are operated by the said Department.
6. The respondent No.1/Union of India has also filed its counter
affidavit. The relevant paragraphs of the said counter affidavit reads as
under:-
"2. That the Ministry of Women and Child Development is
implementing a Centrally Sponsored Scheme i.e. Child
Protection Services Scheme (CPS, erstwhile ICPS), through the
State Government/UT Administrations on predefined cost
sharing financial pattern. It is a component of the Umbrella
Integrated Child Development Scheme. The objective of the
Scheme is to provide the security net of statutory and service
delivery structure to the children in difficult circumstances. It
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:19.08.2020
10:54:33
also aims at reduction of vulnerabilities to situation and actions,
that lead to abuse, neglect, exploitation, abandonment and
separation of children from parents by focusing on (a) improved
access to quality child protection services, (b) raised public
awareness about the reality of child rights, situations and
physical and social protection in India, (c) clearly articulated
responsibilities and enforced accountability for child protection,
(d) established and functional structure at all levels for delivery
of statutory and support services to children in difficult
circumstances and (e) operational evidence based monitoring
and evaluation.
3. That Children rendered orphan or destitute fall within the
category of "Children in need of care and protection" as
described in the JJ Act. The above mentioned scheme aims to
provide preventive, statutory care and rehabilitation services to
children who are in need of care and protection and those in
conflict with law as defined under the Juvenile Justice (Care
and Protection of Children) Act, 2015. It is a centrally
sponsored scheme, providing financial support to state
Government/UT Administrations, for delivering services as
mandated under the JJ Act and Juvenile Justice (Care and
protection of Children) Model Rules, 2016 thereunder for
children, either themselves or through suitable NGOs. The
primary responsibility of execution of the Act, as such, lies with
the State/UTs.
xxxx xxxx xxxx
5. It is humbly submitted that the primary responsibility and
execution of the Juvenile Justice (Care and Protection of
Children) Act, lies with the States/UTs. Section 27of the JJ Act,
2015 talks about the duties of the States/UTs in relation to
children in need of care and protection. Section 27 (1) has been
reproduced herein under;
Section 27(1) The State Government shall by
notification in the Official Gazette constitute for
every district, one or more Child Welfare
Committees for exercising the powers and to
discharge the duties conferred on such Committees
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KUMAR
Location:
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in relation to children in need of care and
protection under this Act and ensure that induction
training and sensitization of all members of the
committee is provided within two months from the
date of notification."
7. In view of the aforesaid facts and circumstances of the case,
especially looking into the fact that 225 orphan children have already been
given admission in the private as well as Government schools, we see no
reason to monitor this case any further. It is expected from the respondents
that they shall continue to arrange for admissions of the orphan children in
private as well as in Government schools, and for their employment, as they
have already done so far.
8. With these observations, the writ petition is disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
AUGUST 18, 2020/'anb'
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:19.08.2020
10:54:33
