Lok Chetna Manch vs Union Of India And Others

Sharad Kumar Sharma, J

Initially, when the Writ Petition was filed by the petitioner on 18.09.2018, he has pleaded that he has held the contract for the year 2017-18, called as "Targeted Intervention Programme", and had performed the work assigned to it under the various programmes as per the provision of HIV and AIDS (Prevention and Control) Act, 2017. But, in the petition, as filed by the petitioner, in which, he has claimed its status as to be a society registered under the Societies Registration Act, functioning as a non profit organization, engaged in running the "Targeted Intervention Programmer".

Admittedly, after 2018, when their term of contract expired, i.e. on 31st March, 2018, for the Targeted Intervention Programmes, which was started and controlled by National AIDS Control Organisation, i.e. respondent No. 2, which was the principal body, which provided the budgetary allocations for the enforcement of the "Targeted Intervention Programme", in fact, for the preceding year, i.e. 2018-19, it was not given to anyone and thus, the argument, which has been extended by the learned counsel for the petitioner is that in view of the SOR of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, it is defeated the very social and welfare purpose for which the Act was enforced by the Legislature. The Statement Object and Reasons of the Act, on which, reliance is placed is quoted as under :-

"An Act to provide for the prevention and control of the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and for the protection of human rights of persons affected by the said virus and syndrome and for matters connected therewith or incidental thereto.

WHEREAS the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome is a matter of grave concern to all and there is an urgent need for the prevention and control of said virus and syndrome;

AND WHEREAS there is a need to protect and secure the human rights of persons who are HIV-positive, affected by Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and vulnerable to the said virus and syndrome;

AND WHEREAS there is a necessity for effective care, support and treatment for Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome;

AND WHEREAS there is a need to protect the rights of healthcare providers and other persons in relation to Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome;

AND WHEREAS the General Assembly of the United Nations, recalling and reaffirming its previous commitments on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome, has adopted the Declaration of Commitment on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (2001) to address the problems of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome in all its aspects and to secure a global commitment to enhancing coordination and intensification of national, regional and international efforts to combat it in a comprehensive manner;

AND WHEREAS the Republic of India, being a signatory to the aforesaid Declaration, it is expedient to give effect to the said Declaration."

Simultaneously, he submits that though the contract was not executed for the year 2018-19, but, in fact, petitioner still continued to perform the Targeted Intervention Programme, for the year 2018-19, according to the petitioner, it had worked on the programme till December, 2018.

The grievance of the petitioner is that the budgetary allocation for the work performed by him after 1st April, 2018, i.e. after expiry of period of contract for the year 2017-18 and till December, 2018, i.e. till petitioner has actually worked, had not been allocated or paid to it despite of the fact that it stood sanctioned by National AIDS Control Organization, i.e. the respondent No. 2 to respondent No.4.

As far as this part of the dispute is concerned, for the purposes of allocation of the expenditures incurred by the petitioner in continuation of his contract and work under it after 1st April, 2018, till December, 2018, it will be open for the petitioner to make a representation before respondent No. 4 and raise and appropriate claim if the same is made before respondent No. 4, the same would be considered and decided by respondent No. 4 within a period of six weeks and, in fact, if it is found by evidence that the petitioner had worked under "The Targeted Intervention Programme", the respondents would consider and ensure the payment of the budgetary allocations for the work performed, for work performed to achieve the object of the Act.

When the grievance of the petitioner of non payment for the period from 01.04.2018 till December, 2018, despite having worked on the programme and furthermore, when the contract was not granted for the year 2018-19 to anyone, considering the act of respondent No. 4, being contrary to the very purpose of the Act of 2017, and apprehending mis-utilization of budgetary allocation made by NACO, i.e. respondent No.2, the petitioner filed the present writ petition for the following reliefs :-

"(i) issue a writ, order or direction in the nature of certiorari to quash the letter dated 16th July, 2018 issued by Additional Project Director, Uttarakhand State AIDS Control Society.

(ii) issue a writ, order or direction in the nature of mandamus directing the Project Director / Additional Project Director, Uttarkhand State AIDS Control Society to execute the agreement / contract with the petitioner society for Targeted Intervention Programme for financial year 2018-19 w.e.f. 1/4/2018 to 31/3/2019.

(iii) issue a writ, order or direction in the nature of mandamus directing the Project Director / Additional Project Director, Uttarakhand State AIDS Control Society to release of dues of petitioner society for the period January-March, 2015.

(iv) issue a writ, order or direction in the nature of mandamus directing the Project Director/ Additional Project Director, Uttarkhand State AIDS Control Society for release of approved budget of the Targeted Intervention Programme in the State of Uttarakhand within 7 working days from receipt of budget by NACO and stop deduction of TDS at source.

(v) issue a writ, order or direction in the nature of mandamus directing the Project/ Additional Project Director, Uttarkhand State AIDS Control Society for getting evaluation and audit of selected NGOs/Societies of Uttarakhand as per the guidelines of NACO.

(vi) issue any other writ, order or direction which this Hon'ble Court deems fit and proper."

Primarily, for the rest of the relief claimed for by the petitioner, the petitioner, as of now, the concern which has been expressed by the learned counsel for the petitioner is from the view point of relief claimed as relief No. 4, as referred above, and what he intends to argue is that as soon as the budgetary allocations are made by NACO, for a particular financial year to meet social objective of "The Targeted Intervention Programmes", which are instrumental in attaining the objective of the Act of 2017, the budgetary allocation ought to be made and ensured to be utilized within same working period, for which, it is allocated to respondent No. 4 after its receipt from NACO, i.e. respondent No. 2.

The concern, which has been expressed by the petitioner is that even for the year 19-20, too, though said budgetary allocation from NACO must have been disbursed or sanctioned to respondent No. 4, but, the same still remain untilized for the purpose, for which, it has been allocated, because no fresh contract to meet the objective of "Targeted Intervention Programmes" have yet been executed or granted to anyone.

As far as the concern expressed by the learned counsel for the petitioner with regard to the inaction on the part of the respondent No. 4, this Court is of the view that the argument as extended deserves to be considered by this Court in the wider interest of the public at large, as it happens to be a social welfare project as well as in the interest or the purpose, for which, the Act itself was enforced.

Though delayed by few weeks as of now for the year 19-20, the respondent No.4 is directed to invite the tender to meet the "Targeted Intervention Programmes", as provided under the Act and the Schemes framed thereunder; conclude the same within a period of two weeks from the date of receipt of the certified copy of the order, so as to ensure that the budgetary allocations as given by respondent No. 2 is utilized in the interests of public at large, and for the purpose, for which, it has been disbursed.

Considering the second aspect of the argument about the concern expressed by the petitioner which relates to the wider interest of the public at large, the respondents would positively ensure to conclude the entire tendering process within a period of two weeks from the date of receipt of certified copy of the order and ensure conferring of the contract for the financial year 19-20 to meet the "Targeted Intervention Programme" as provided by the Act of 2017.

Subject to the above observations, the Writ Petition stands disposed of accordingly.

However, there would be no order as costs.