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2025 DAILYLAW 120890 (ALL)

JEEVAN JYOTI SAMAJ SEWA SANSTHAN THRU. PRESIDENT SUKHAMI LAL v. UNION OF INDIA THRU. SECY. MINISTRY OF SOCIAL JUSTICE EMPOWERMENT (MSJE) NEW DELHI AND 3 OTHERS

/975/2025 · 2025-01-31

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6946-DB Court No. - 2 Case :- WRIT - C No. - 975 of 2025 Petitioner :- Jeevan Jyoti Samaj Sewa Sansthan Thru. President Sukhami Lal Respondent :- Union Of India Thru. Secy. Ministry Of Social Justice Empowerment (Msje) New Delhi And 3 Others Counsel for Petitioner :- Diwakar Singh Gautam Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Memo of appearance filed by Shri Paavan Awasthi, on behalf of opposite party nos. 1 to 4 is taken on record. 2. Heard counsel for the petitioner and counsel for the opposite parties. 3. Petitioner a non-government Organization was sanctioned Day Care Scheme by the National Trust constituted under the Disha-cum-Vikaas Scheme on 01.04.2018 and monthly funds under the Scheme were released to the petitioner from April 2018 to December, 2023. An inspection by the ofÏcials of Central Project Monitoring Unit of Department of Empowerment of Persons with Disabilities was conducted on 24.01.2024 and certain discrepancies were found as are mentioned in the impugned order dated 16.07.2024. 4. Response was received from the petitioner on 05.04.2024. Thereafter, a letter dated 24.05.2024 was given to the petitioner for making necessary improvement in the Scheme Centre giving one months' time for the same. On receipt of confirmation from the petitioner regarding undertaking necessary improvement, the National Trust conducted surprise video inspection through a Committee of OfÏcials on 25.06.2024 and no significant improvement was observed by the Committee. The report of the Committee was placed in the 99th Board meeting of the National Trust held on 28.06.2024, in which the Board decided to cancel the Disha-cum-Vikaas Scheme sanctioned to Jeevan Jyoti Samaj Seva Sansthan, Lucknow, U.P. 5. The Scheme is for the benefit of the physically handicapped children. In view of the reasons given in the impugned order, merely because some reply was submitted by the petitioner on 30.03.2024 does not persuade us to interfere in a matter when there is evidence as mentioned in the impugned order regarding there being no significant improvement. Inspection was conducted towards the end of June, 2024. This is not a matter where this Court should exercise its extra ordinary discretionary jurisdiction under Article 226 of the Constitution of India. The petitioner cannot have any indefeasible right to run the said Scheme which has been formulated under a beneficial legislation. 6. The writ petition is dismissed. Order Date :- 31.1.2025 Pks [Brij Raj Singh,J.] [Rajan Roy, J.] Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench