GWALIOR HOSPITAL AND EDUCATION CHARITABLE TRUST v. STATE OF M. P.
2019-12-10
G.S.AHLUWALIA
body2019
DigiLaw.ai
ORDER/JUDGMENT – Shri Prashant Sharma, Advocate for petitioner. Shri R. K. Soni, Government Advocate for respondents/State. 2. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs : – “i. Quash the order impugned Annexure P/1. ii. Shift the inmates from the premises of Snehalaya which is leased to trust and is an individual property, alternatively, it is prayed that the Snehalaya activity may kindly be permitted at the place as the trust has shown it willingness to properly take care of inmates also. iii. The Respondent may kindly be restrained from creating any hindrance in carrying out other charitable activity of the trust and also access to the land. Any other relief which this Hon’ble Court deems fit in the facts and circumstances of the case may also kindly be granted.” 3. It is submitted by the counsel for the petitioner that the petitioner is a lease holder of the property and the trust is running a school and other school for differently abled and poor children of the locality especially girls. Adjoining to the property, an institution for mentally retarded and disabled children was started in the year 2006, however, it appears that one of the retarded girls, who was lodged in the institution, got pregnant and Dr. B. K. Sharma was also taken into custody, as it was alleged that some illegal activities were going on. It appears that as Dr. B. K. Sharma was arrested and the most of the persons, who were looking after the institution, were arrested and as per the report given by a combined team of SDM, Jhansi Road, Gwalior as well as District Project Officer, Women and Child Welfare, it was found that some suspicious activities were going on in the institution and since because of lack of accommodation the mentally retarded children could not be transferred to any other institution and as the constant care of the mentally retarded children including the girls is necessary and because of some possibility of law and order situation, the institution which was run by the petitioner in the name of Snehalaya, was acquired and was handed over to the custody of the Joint Director, Social Justice Department. It is submitted by the counsel for the petitioner that because of acquisition of the Snehalaya, the other institutions of the trust are getting adversely affected.
It is submitted by the counsel for the petitioner that because of acquisition of the Snehalaya, the other institutions of the trust are getting adversely affected. The multipurpose hall and the playground of which the access is through open land of Snehalaya is not being permitted to be used. Even the school mini bus and bus which is in the parking is not being permitted to be used. Although the water pump is not located in the premises of the Snehalaya and it is installed in the private land of the owner, still the same is not being allowed to be used. A Gaushala has 16 animals and it is closed and the mobile hospital van in the parking area is not being allowed to be used. It is submitted that under these circumstances, the order dated 27-9-2018 by which the Snehalaya was acquired be quashed and the respondents may be directed to shift the inmates from the premises of Snehalaya which is leased to trust and is an individual property or in the alternative, it is also prayed that the Snehalaya activity may kindly be permitted at the place as the trust has shown its willingness to properly take care of inmates also and the respondents may kindly be restrained from creating any hindrance in carrying out other charitable activities of the trust and also access to the land. 4. Heard learned counsel for the petitioner. 5. The petitioner has filed a copy of the FIR, which was registered at Crime No. 170/2018 by Police Station Billowa, District Gwalior for offence under sections 312, 313, 376-B, 120-B and 201 of Indian Penal Code. It is really shocking that one of the mentally retarded girls, who was lodged in the Snehalaya, got pregnant because of the offence committed by the employees of the Snehalaya. The FIR has been registered against various persons and the trial is pending against them. The Snehalaya was brought into existence for the betterment of the mentally retarded children, however, it appears that by taking advantage of their mental condition at least one of the employees of the trust has sexually assaulted her, as a result of which, she became pregnant.
The Snehalaya was brought into existence for the betterment of the mentally retarded children, however, it appears that by taking advantage of their mental condition at least one of the employees of the trust has sexually assaulted her, as a result of which, she became pregnant. It is clear from the order dated 27-9-2018 also that a combined team of SDM, Jhansi Road, Gwalior as well as District Project Officer, Women and Child Welfare Department, has conducted an enquiry and had found that the activities of the trust are suspicious. Under these circumstances, when it was not possible for the respondents to immediately shift the inmates of the institution to other institution because of lack of accommodation, then in order to protect the life and dignity of the mentally retarded girls, the respondents had decided to acquire the institution, which was being run by the petitioner in the name of Snehalaya. Under these circumstances, this Court is of the considered opinion that no fault can be found with the order dated 27-9-2018 and accordingly, it is affirmed. 6. So far as the civil rights of the petitioner is concerned, it is well established principle of law that the petitioner has an efficacious remedy of filing a civil suit and the petition under Article 226 of the Constitution of India for the enforcement of the civil rights is not maintainable. 7. Accordingly, with aforesaid liberty, the petition is dismissed.