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2022 DIGILAW 413 (JK)

Aman Satya Kachroo Trust v. Union Territory of Jammu and kashmir

2022-08-29

PANKAJ MITHAL, RAJNESH OSWAL

body2022
Order : Pankaj Mithal, C.J.- A committee constituted under the Chairmanship of Justice J. S. Verma (former Chief Justice of India) in the wake of Nirbaya’s Case made certain recommendations especially for formulating the Schemes to provide women with, (i) access to justice; (ii) access to Government services; and (iii) access to welfare schemes of the Central Government and State Government both. All these schemes were to be funded fully by the Ministry of Women and Child Development (MWCD) from out of ‘Nirbaya Fund’. 2. Accordingly, integrated Schemes, a Women Helpline (WHL) and One Stop Centre (OSC) came into existence. The Apex Court in Civil Writ Petition No. 565 of 2013 ‘Nipun Saxena v. Union of India’ recognized and underlined the importance of OSC and had expressed desire to set up OSC in every district of all States/Union Territories. 3. The petitioner is a Trust alleged to have been registered in Delhi in the year 2009. The said Trust through its founder trustee Professor Rajendar Kumar Kachroo has preferred this writ petition in public interest seeking direction of this court for the constitution of a committee under the Chairmanship of the Chairperson of the State Legal Service Authority to provide directions and guidance to the Department of Social Welfare J&K, in the matter of implementation of all women related schemes in Jammu and Kashmir, particularly, WHL and OSC. Secondly, for direction to the Ministry of Women and Child Development to assess whether the schemes of WHL and OSC in Jammu and Kashmir are being implemented as per the guidelines and lastly to allow the petitioner to make submissions before the Ministry of Women and Child Development in context of implementation of the above two schemes in J&K. 4. The petitioner alleges that the guidelines of the schemes provide for a cross departmental monitoring committee to be constituted under the Chairmanship of the Principal Secretary, Social Welfare Department, but till date no such Committee has been constituted with the result that the schemes are not being implemented in the proper manner. It is averred that the Ministry of Women and Child Development, Government of India, is the architect of the Schemes WHL and OSC and provides for the guidelines of their implementation. It is averred that the Ministry of Women and Child Development, Government of India, is the architect of the Schemes WHL and OSC and provides for the guidelines of their implementation. The aforesaid schemes are to be implemented by the Department of Women and Child Development, J&K. The petitioner admits that WHL and seven OSCs in the districts of Jammu, Srinagar, Kathua, Doda, Rajouri, Anantnag and Kupwara are operational in J&K. Out of these OSCs, the petitioner is managing the OSC’s at Jammu and Srinagar whereas four separate Non-Governmental Organizations (NGOs) have been selected to operate the OSCs of Kathua, Doda, Anantnag and Kupwara. The OSC of Rajouri is operated by district administration. Similarly, the OSC established at Bandipora (now closed down) and that of Samba are also being managed by the district administration. There are no OSCs in other twelve districts of Union Territory. The grievance of the petitioner is that in twelve districts of Jammu and Kashmir, OSCs have not been made operational for the past over three years since the scheme was launched. The quality of six out of eight operational OSCs is very poor and is not up to the standard. The implementation work of the scheme has been high jacked by the NGOs and they are not implementing them as per the designed features of the scheme. The respondents are not supposed to handover the responsibility of establishment of OSC to the district administration. 5. In pursuance to the order dated 24th December 2021 passed by this court requiring respondent no.1 and 2 to file response if they are satisfied with the implementation of the above scheme in J&K and, if not, how to go about improving the same, respondents no. 1 and 2 have filed response/status report stating that the petitioner is claiming establishment of WHL and OSCs in J&K. The petition has not been filed in public interest rather for espousing the petitioner’s personal commercial interest. The petitioner has filed more than fifteen petitions including the contempt petitions with the object of forcing the Union Territory Government to allot all contracts for implementation of the above schemes to it in every district. The petitioner aims to monopolize OSCs by conveying that no other agency/NGO has the capability and expertise to run them other than it. 6. The petitioner has filed more than fifteen petitions including the contempt petitions with the object of forcing the Union Territory Government to allot all contracts for implementation of the above schemes to it in every district. The petitioner aims to monopolize OSCs by conveying that no other agency/NGO has the capability and expertise to run them other than it. 6. The respondents have also stated that as per the guidelines for the implementation of the OSCs issued by the Government of India in the year 2015, the proposal to set up OSCs have to be submitted to the Ministry of Women and Child Development and the funds for the purpose would be transferred directly to the District Magistrate(s)/ District Commissioner(s) by the Government of India. All proposals received have to be accepted and sanctioned by the Programme Approval Board constituted by the Ministry of Women and Child Development. In Jammu and Kashmir, all OSCs are running with the due approval as aforesaid and the DC(s)/DM(s) are getting the requisite funds under the Scheme. The guidelines further provide that the task force of the DC(s)/ DM(s) either undertake staff recruited of their own or alternatively decide outsourcing of activities for operationalizing the Centers but there is no compulsion that the center has to be run through an NGO. All centers are being run in accordance with the guidelines. 7. Respondent no.3 Secretary, State Legal Services Authority, has also filed its report dated 07.04.2022 in pursuance of order dated 31.12.2022. 8. The erstwhile State of Jammu and Kashmir vide Government Order dated 08.09.2016 constituted two committees namely, ‘State Steering and Managing Committee’and ‘District Level Management Committee’to monitor the functioning and over all working of the OSCs. The first Committee was constituted under the Chairmanship of Administrative Secretary, Social Welfare Department and has to submit report after evaluating the functioning of OSCs every six months. The other Committee at the district level is under the chairmanship of Deputy Commissioner and has to scrutinize and monitor the OSC in the district. 9. In addition to the above, honoring the guidelines of the Supreme Court in Nipun Saxena’s case, the Government of Jammu and Kashmir vide order dated 14.12.2020 constituted yet another committee under the Chairmanship of Principal Secretary to the Government, Social Welfare Department, to finalize the modalities for the implementation of the OSCs in every district. 10. 9. In addition to the above, honoring the guidelines of the Supreme Court in Nipun Saxena’s case, the Government of Jammu and Kashmir vide order dated 14.12.2020 constituted yet another committee under the Chairmanship of Principal Secretary to the Government, Social Welfare Department, to finalize the modalities for the implementation of the OSCs in every district. 10. In order to operationalize OSCs in the remaining twelve districts, the Committee constituted selected the petitioner to run all of them. However, the petitioner failed to comply with the terms and conditions of empanelment within the time which led to cancellation of its contract. The said cancellation order has been impugned by the petitioner by filing Writ Petition No. 1076 of 2020 and Contempt Petition thereof. Thus, the matter with regard of establishment of twelve One Stop Centers could not be finalized as the matter is sub-judice before the court. The petitioner himself is responsible for the non-implementation of the OSCs in the remaining twelve districts of Jammu and Kashmir. However, in public interest, the Government of India handed over the charge of the twelve One Stop Centers in the said districts of Jammu and Kashmir to the officials of Integrated Child Protection Scheme (ICPS) and Integrated Child Development Scheme (ICDS) as a measure of interim arrangement. In this way, in every district of Jammu and Kashmir, One Stop Centers are operational. The centers working under interim arrangement are being managed by the Social Welfare District Officer. The Centers lack integration with the Toll Free Service -181 Women Help Line as the same is being controlled by the petitioner. The petitioner itself is a hurdle in fully operationalizing the OSCs and their integration with the WHL. 11. It has also been stated by the respondents that the Departments intends to operationalize all OSCs through open tender and the petitioner is free to participate therein but it is incorrect on its part to allege that its software and the services are better and superior to all others or that the OSCs cannot be operated or made functional without the help or the expertise possessed by it. 12. The petitioner in the writ petition in paragraph no. 7 has stated that it is a Trust and a non-profit organization registered in Delhi in 2009. 12. The petitioner in the writ petition in paragraph no. 7 has stated that it is a Trust and a non-profit organization registered in Delhi in 2009. Professor Rajendra Kumar Kachroo, its founder, trustee is responsible for the eradication of ragging in India and is the National President of a Federation of 110 societies across the country that campaign for judicial reforms to provide access to justice to poor marginalized and economically weak people of India. He has moved this petition in larger public interest for effective implementation of the OSCs. 13. The respondents have doubted the bonafides of the petitioner in filing this public interest litigation inasmuch as according to them personal private interest of the petitioner is involved and the petitioner is one of the proposed candidates for the establishment and running of OSCs in Jammu and Kashmir. In fact he is running two OSCs, one at Srinagar and the other at Jammu. It was also empanelled for twelve other districts which empanelment was cancelled due to non-fullfilment of the terms and conditions by the petitioner giving rise to a litigation. 14. The facts and circumstances as narrated above would reveal that though the petitioner has preferred this petition in public interest but its personal interest of the commercial nature is also involved. The petitioner has been granted contract to run two OSCs in districts of Jammu and Srinagar. The petitioner was also awarded to run the OSCs in 12 other districts but its empanelment was cancelled in respect whereof a writ petition filed is pending adjudication. The petitioner is trying to convey that it possesses the expertise on the subject and is best suited for the purpose and, as such, the Government should take its advice in implementation of the above schemes. It is thus evident that the petitioner’s personal commercial interest is involved in initiating this PIL. 15. The Supreme Court in several cases especially in BALCO Employees Union (Regd.) v. Union of India : AIR 2002 SC 350 has clearly observed that the jurisdiction of PIL is being abused by unscrupulous persons for their personal gain, therefore, the courts must take requisite care that the forum of PIL is not abused by any person for personal gain. The Supreme Court in several cases especially in BALCO Employees Union (Regd.) v. Union of India : AIR 2002 SC 350 has clearly observed that the jurisdiction of PIL is being abused by unscrupulous persons for their personal gain, therefore, the courts must take requisite care that the forum of PIL is not abused by any person for personal gain. The relevant observations of the SC in this regard are reproduced hereinbelow:- “There is, in recent years, a feeling which is not without any foundation that Public Interest Litigation is now tending to become publicity interest litigation or private interest litigation and has a tendency to be counter-productive. PIL is not a pill or a panacea for all wrongs. It was essentially meant to protect basic human rights of the weak and the disadvantaged and was a procedure which was innovated where a public spirited person files a petition in effect on behalf of such persons who on account of poverty, helplessness or economic and social disabilities could not approach the Court for relief. There have been, in recent times, increasingly instances of abuse of PIL.” 16. A reading of the above observation would also bring to the forefront that the forum of PIL is to be used only for the protection of basic human rights of the week and marginalized persons and not for improving the Government system or the drawbacks in the implementation of any scheme. 17. In another landmark case of Dattaraj Nathuji Thaware v. State of Maharashtra : AIR 2005 SC 540 , the Supreme Court again expressed anguish on the mis-use of the forum of PIL and observed as under:- “Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens. The attractive brand name of public interest litigation should not be used for suspicious products of mischief. It should be aimed at redressal of genuine public wrong or public injury and not publicity oriented or founded on personal vendetta. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens. The attractive brand name of public interest litigation should not be used for suspicious products of mischief. It should be aimed at redressal of genuine public wrong or public injury and not publicity oriented or founded on personal vendetta. As indicated above, Court must be careful to see that a body of persons or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique considerations. The Court must not allow its process to be abused for oblique considerations by masked phantoms who monitor at times from behind. Some persons with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives, and try to bargain for a good deal as well to enrich themselves. Often they are actuated by a desire to win notoriety or cheap popularity.” 18. Again in Re: M Trust v. Koramangala Residents Vigilance Group : AIR 2005 SC 894 , the Supreme Court ordered that PIL should be entertained in rare cases and the jurisdiction should not be allowed to be invoked for the purpose of serving private ends and profressional rivalry. The courts should be very slow in entertaining petitions involving public interest and should be exercised only for the purposes of rescuing the downtrodden and not for the benefit of competing individuals or for private ends. 19. It is also settled in law that no one has free right to approach the courts in public interest litigation. 20. In view of the above legal position coupled with the fact that the petition is not for preserving basic human rights of the public at large but apparently to secure the commercial interest of the petitioner, we are of the view that it is not a fit case where the court should allow the forum of the PIL to be used by the petitioner. 21. The main reliefs claimed in the petition are three fold. 21. The main reliefs claimed in the petition are three fold. First, for the constitution of a Committee to provide guidance to the Ministry of Women and Child Development for the implementation of the WHL and OSCs under the Chairmanship of chairperson of State Legal Services Authority; second, to direct the Ministry of Women and Child Development to assess whether the schemes of WHL and OSCs are being implemented in accordance with the guidelines in the Jammu and Kashmir; and, lastly, the submissions and suggestions of the petitioner in context of implementation of WHL and OSCs in Jammu and Kashmir be taken into consideration by the Ministry of Women and Child Development. 22. The scheme of OSCs and the guidelines issued by the Ministry of Women and Child Development, Government of India, in August 2016 vide Clause 10 provides for the steps to be taken by the State Governments/Union Territory administrations for the formulation of the proposal for OSCs, formulation of the Management Committee, functions of the Management Committee etc. The scheme provides for monitoring and supervision of the committee vide Clauses 10, 11 and 12. Clause 14 provides for grievance redressal mechanism. The aforesaid Clauses 10 to 14 of the guidelines are reproduced herein below:- “10. Steps to be taken by State Governments UT Administrations 10.1 Formulation of proposal for OSC: At the State/UT level, the Department of Women and Child Development will formulate a proposal for the establishment of OSC and submit the same to the Ministry of Women and Child Development for approval. The proposal should contain specific timelines for the establishment, construction (if required) and functioning of OSC. The MWCD will transfer the funds to concerned District Collector/District Magistrate directly after obtaining due approvals. The District Collector/District Magistrate will operate a separate bank account for scheme of OSC. Therefore, the proposal should invariably contain the details of the Bank Account along with IFSC Code, Mobile Number, etc. of the concerned District Authority holding the designated account for implementing the OSC Scheme so that necessary action for transferring the fund may be taken. The details of procedure to be followed District Magistrate/District Collectors to access under Women Welfare Scheme is at Annexure V. For approving the proposal, so submitted, a Programme Approval Board (PAB) will be constituted in the MWCD. The details of procedure to be followed District Magistrate/District Collectors to access under Women Welfare Scheme is at Annexure V. For approving the proposal, so submitted, a Programme Approval Board (PAB) will be constituted in the MWCD. A format for sending proposal for setting up OSC is at Annexure V1-A. A check List for sending proposal is at Annexure VI-B. 10.2 All Proposals received by State Government/UT Administration will be submitted to a Programme Approval Board (PAB) constituted in the Ministry of Women and Child Development for approval. The PAB will be headed by the Secretary and will comprise of inter alia the following members:- • Financial Advisor, Ministry of Women & Child Development • Additional Secretary/Joint Secretary of the concerned Bureau in the MWCD • Director of concerned Division, Ministry of WCD • Representative of the concerned State Government • Any other expert/statutory body/invitees as co-opted by Chairperson The PAB shall be the final authority for accepting, reviewing the proposal and sanctioning the grants under the scheme. 10.3 Formation of Management Committee: The Director, DWCD will be responsible for overall management of the OSC. The Management Committee (MC) would be responsible for the day to day operation of the OSC. The MC will comprise of following members from the district where the OSC is located: • District Magistrate/Commissioner (Chairperson of the Committee). • Superintendent of Police • Secretary, District Legal Service Authority • Chairperson of District Bar Council • Chief Medical Officer • District Programme Officer (DPO)/Protection Officer (PO) • District Panchayat Officer • Members of the Civil Society (3 members out of which at least 2 be women) • Project officer ITDA/ITDP in district with ITDA/ITDP area • Any other member co-opted by the Chairperson The DPO/PO will be the convener of the Committee and it would be his/her responsibility to constitute such Committee. 10.3 The functions of the Management Committee (MC) will be as follows:- • Decide the location of the OSC • Outsource the activities required for daily functioning of the OSC • Select the Implementing Agency (1A), and entrust day-to-day operations of Centres to them as per prescribed norms • Make suitable, viable administrative arrangements for running the OSC • Approve the proposal for the OSC • Select agencies/individuals to provide legal counselling/medical aid/ psycho-social counselling at the OSC • Coordinate the actions of different stakeholders, agencies and government departments providing services at the OSC • Appraise the performance of the OSC • Receive the financial accounts provided by the IA • Monitor the functioning of the OSC on monthly basis and provide guidance, support and advice to the Centre Administrator towards the effective functioning of OSC • Review the physical and financial progress of the OSC on quarterly basis • Report on the functioning of the OSC to the State Government through submission of monthly progress report (MPR) and quarterly physical and financial reports. The Utilisation Certificate and quarterly SoE will be submitted on bi-annual basis to the State/UT. 10.4 The MC has the authority to entrust day-to-day operations of the OSC to a designated Implementing Agency. This lA could be the hospital administration of the Hospital where OSC is located, or an existing health society/ institution/outsourced agency/civil society organisations working on the issue of VAW identified by the State Government or a Service Provider (SP) notified under Protection of Women from Domestic Violence Act, 2005 (PWDVA). In case, where such establishments are not available, the State Government/UT administration may explore the option of an alternative operating structure. The IA will be responsible for the smooth functioning of the OSC. 10.5 The District Collector /District Magistrate of the concerned district will identify the location or land for setting up the One Stop Centre. As Chairperson of the Management Committee of OSC, the District Collector/District Magistrate will also ensure the outsourcing/arranging of the activities required for functioning of OSC such as management, legal assistance, medical assistance, counselling, IT, related multipurpose activities and security etc. 10.6 Human Resource Requirements: For smooth functioning of the OSC, the State Government through IA may outsource activities required for functioning of OSC such as management, legal assistance, medical assistance, counselling, IT, related multipurpose activities and security etc. 10.6 Human Resource Requirements: For smooth functioning of the OSC, the State Government through IA may outsource activities required for functioning of OSC such as management, legal assistance, medical assistance, counselling, IT, related multipurpose activities and security etc. The eligibility requirements for the agencies providing these above-mentioned services are mentioned in Annexure VII. 10.7 Convergence with Other Departments: The roles/responsibilities of other Departments to facilitate the functioning of OSC are outlined in the table below:- S.NO. MINISTRY PRIMARY ROLE OTHER SUPPORT 01. Department of Health & Family Welfare Protocols for doctors issued · by the Ministry to be made available in local dialect. To be given in a “calendar · form‟ to OSC. Directories of · Doctors/Hospitals/Clinics (public & private) operational within the State/UT. Directories with complete · address, phone number of incharge/nodal Doctor and hospital. Directories of Ambulances · (public and private) Ensure strict enforcement of · Protocols. Training and sensitization · of Health personnel including para-medical staff. Ensure proper collection of · evidence in cases of sexual assault. Support process of · identifying para-medical staff. 02. Department of Home Designate police officer for · OSC to facilitate prompt and proper filing of FIR. Facilitation in proper · collection of evidence. Sensitize police personnel · dealing with violence against women cases. 03. State Legal Service Authority List of dedicated and · sensitive lawyers ready to give legal aid to the women affected by violence and liaison with OSC. List of district wise para · legal volunteers. Support in ensuring · expeditious disposal of cases. Facilitating compensation to · the survivors of violence. 10.8 The integrated nature of OSC will require linkages with the other two agencies of the justice system the police and the Courts. Towards this, the Guidelines envisage support of the District Legal Services Authority to provide assistance of the para-legal personnel/PLVs in liaising with the police, and in liaising with the Public Prosecutor/Courts. 10.9 Engagement with stakeholders such as CB0s, civil society groups, women’s organisation working on gender based violence, Gender Cells, Special Cells of reputed institutions such as TISS and Women’s Studies Centers in Universities for providing training, capacity building and technical support. It is envisaged that OSC will provide a platform for leveraging these support systems to enhance the effectiveness of the services provided by it. It is envisaged that OSC will provide a platform for leveraging these support systems to enhance the effectiveness of the services provided by it. 10.10 Apart from the panel of par-legal or legal experts provided by DLSA/SLSA/NALSA, the OSC may induct the services of other Lawyers at the rates approved for DLSA/SLSA. 10.11 As per the Criminal Amendment Act, 2013, it is mandatory for every hospital whether public or private to provide free of cost first aid or medical treatment to any women affected by acid attack or against whom an offence of rape has been committed. For providing medical treatment to women afflicted with violence other than acid attack or rape, the MC has the authority to empanel any private hospital/clinic/medical practitioner willing to provide emergency response/free/compulsory/voluntary medical or psychosocial counselling services to the OSC. 10.12 The OSC will remain under 24 hrs CCTV surveillance. However, no camera would be used to record any counselling sessions. The CCTV footage of day to day functioning of OSC would be maintained for a minimum period of two years. 10.13 Leveraging with existing institutional structures: The institutional structures under MWCD (ICDS, ICPs, NIPCCD, CsWB, State Commission for Women etc.) at the state/district/village level will be leveraged for creating awareness about the OSC and issues pertinent to violence against women. Anganwadi Worker (AwW) will be the frontline worker at the village level for these activities. Training: For implementation of the scheme, the National Institute of Public Cooperation and Child Development (NIPCCD) will organize training programmes for Master Trainers at its Regional Centre who will further train other functionaries. Further, the National Institute of Public Cooperation and Child Development (NIPCCD) has developed a module for Master Trainers and functionaries associated with One Stop Centre to equip the master trainers with necessary skills to further train other functionaries by providing step-by-step guidance on assisting the women affected by violence The District Collector/District Magistrate will provide induction training to all personnel involved in the functioning of OSC. Towards fulfilling this objective, the District Collector/District Magistrate will coordinate with its various departments so that people providing services at OSC and those bclonging to various departments could be sensitized and trained in handling the issues related to violence against women. Towards fulfilling this objective, the District Collector/District Magistrate will coordinate with its various departments so that people providing services at OSC and those bclonging to various departments could be sensitized and trained in handling the issues related to violence against women. District Collector/District Magistrate will involve agencies, civil society groups, Mahila Police Volunteers (wherever available), Village Convergence and Facilitation Service(wherever available), community based groups, institutions or resource persons for imparting education of the services mentioned above and for training the staff. These will be selected by the States/UTs in consultation with MC based on the accessibility and availability of these organizations at the field level. Besides, Gender Cells, Women’s Studies Centers in Universities could also be involved to provide technical inputs in terms of training and capacity building for women affected by violence. 11. Administration of the Scheme 11.1 At the national level, MWCD would be responsible for budgetary regulation and administration of the scheme. The scheme will be implemented under overall supervision of MWCD. 11.2 At the State level, Department of Women and Child Development will be responsible for overall direction and implementation of the scheme. The MC will report to the Director, WCD through DPO/PO for all reporting and monitoring purposes. 11.3 The Centre Administrator, at the OSC will report to the MC on monthly basis and submit quarterly reports. 12. Monitoring and Supervision Committees Monitoring of the OSC would be at three levels: 12.1 At the National level, a National Steering and Monitoring Committee will be constituted under the chairpersonship of the Secretary, WCD comprising of representation from the Ministry of Home Affairs. Ministry of Social Justice. Ministry of Health a Family Welfare, Ministry of Law and Justice, Ministry of Tribal Affairs, National Legal Service Authority (NALSA), Civil Society representatives, five representative members from the State Steering and Monitoring Committee on a rotation basis. The basis of selection of the State Steering and Monitoring Committee members would depend on regional representation. The National Steering and Monitoring Committee will monitor and evaluate the functioning of all OSC at every six months. A Project Management Unit (PMU) will be set up which is to act as the Secretariat to the National Steering and Monitoring Committee. The PMU will be functional under the overall supervision of Additional Secretary/Joint Secretary along with one Director. The National Steering and Monitoring Committee will monitor and evaluate the functioning of all OSC at every six months. A Project Management Unit (PMU) will be set up which is to act as the Secretariat to the National Steering and Monitoring Committee. The PMU will be functional under the overall supervision of Additional Secretary/Joint Secretary along with one Director. The PMU would also be assisted by one full time coordinator and two data entry operator hired on contractual basis for day to day support in data entry, monitoring and liaison with the state Government for effective implementation of the scheme. This PMU would also monitor the functioning of the Women Helpline. 12.3 At the State level, there will be a State Steering and Monitoring Committee under the chairpersonship of the Principal Secretary, WCD with representatives from the Department of Home Affairs, Health and Family Welfare, Social Justice, SLSA and Civil Society members. The Principal Secretary/Secretary for Tribal welfare in Schedule-V and North Eastern Region will also be the member of the Committee. The State Level Project Management Unit (PMU) functional under the supervision of the Secretary, Department of Women and Child Development will monitor the functioning of OSC on quarterly basis. 13. Reporting 13.1 OSC will submit monthly progress reports to the MC through IA. The MC will submit the monthly progress reports (MPR) and quarterly physical and financial reports (QPR) to the concerned District Collector/District Magistrate. The Utilisation Certificate (UC) will be submitted by the MC on bi-annual basis to the District Collector/District Magistrate. The District Collector/District Magistrate will submit quarterly SoE, consolidated annual report to the Ministry and UC on biannual basis with a copy endorsed to the States/UTs. The PMU will compile District monitoring reports of a State/UT on a six monthly basis and place them before the National Steering and Monitoring Committee for review. In addition, the Unique ID issued at the time of registration at OSC may be used for follow up on cases. The PMU will compile District monitoring reports of a State/UT on a six monthly basis and place them before the National Steering and Monitoring Committee for review. In addition, the Unique ID issued at the time of registration at OSC may be used for follow up on cases. Diagramatic Representation of Monitoring Mechanisms 13.2 SoEs are to be furnished to GoI as per formats given at Annexure-VIII along with the physical and financial report as under:- • Annual SoE for previous year : by 31st May • Quarter ending 30th June : by 15th May • Quarter ending 30th September : by 15th October • Quarter ending 31st December : by 15th January • Quarter ending 31st March : by 15th April 13.3 Utilisation Certificates (UC) are to be furnished to as per formats given at Annexure VII as under:- • 1st Bi-Annual UC : by 15th October • 2nd Bi-annual UC : by 15th April 14. Grievance Redressal Mechanism The State Government will have the authority to constitute a grievance redressal mechanism to address the complaints related to the functioning of OSC. The purpose is to have enough checks and balances in place to provide quality service that is timely, appropriate and dealt with sensitivity, respect and confidentiality wherever required. The States/UTs have the power to establish this mechanism in any manner they choose.” 23. A perusal of the aforesaid guidelines would reveal that it nowhere contemplate for the constitution/nomination of a committee under the Chairmanship of a chairperson of the State Legal Services Authority. Therefore, the first prayer made in the writ petition is contrary to the guidelines for the implementation of the scheme more particularly, when the committees as contemplated under the scheme are already in place. The scheme further provides for the monitoring and supervision committee and to report to the relevant authority. 24. Clause 14 of the guidelines even provides for the grievance redressal mechanism. In view of such elaborate provisions of the guidelines, there appears to be no justification on part of the court to intervene in the matter that too in exercise of extra ordinary jurisdiction to issue any direction to the Ministry of Women and Child Development to access if the schemes are being implemented according to the guidelines. 25. In view of such elaborate provisions of the guidelines, there appears to be no justification on part of the court to intervene in the matter that too in exercise of extra ordinary jurisdiction to issue any direction to the Ministry of Women and Child Development to access if the schemes are being implemented according to the guidelines. 25. The respondents are not to be guided by any third party such as the petitioner in the matter of implementation of the WHL and OSCs and have to act only in accordance with the guidelines laid down by the Government of India. Therefore, the petitioner cannot demand that the Ministry be guided by its suggestions or submissions. 26. In light of all that has been said above, we are of the view that the petitioner being a prospective candidate having personal interest in the establishment of OSCs in the State of Jammu and Kashmir and having competitive interest is not entitled to maintain a petition like this in public interest. The writ petition otherwise also lacks merit and it is, accordingly, dismissed.