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Judgment
Jayanta Kumar Biswas, J.—The petitioner in this Article 226 petition dated August 11, 2010 is aggrieved by the decision of the Dy. Director, Central Adoption Resource Authority, Ministry of Women & Child Development, Government of India dated July 27, 2010 (at p.73).
The decision was given dealing with the question of renewal of the petitioner''s recognition, and thereby the Principal Secretary, Women & Child Development Department, Government of West Bengal was informed and requested as follows:
This has reference to your letter No. 2967-SW/ICA-6/99 dated 14.7.2010 received from Smt. B. Ganguly, Special Secretary, Govt. Of West Bengal, recommending for further renewal of ACA, West Bengal, Kolkata.
This is to inform you that this office will process the renewal of recognition of ACA (WB), once all the complaints have been looked into by Government of West Bengal, which were forwarded to you vide letter of even number 25-5/2000-CARA dated 13/7/2010 and till such time State Government is requested to give clearance certificates incase of all cases where children are unable to find suitable family within the country.
The Ministry of Social Justice & Empowerment of the Government of India issued guidelines under Resolution No. 4/1/93-CARA dated May 29, 1995 for recognition of organisations for promotion of in-country adoption and to formulate, develop and execute programmes and activities for generating awareness in that regard and also to discharge functions laid down in para.7.1 of the guidelines to regulate matters relating to adoption of Indian children.
By a certificate dated October 5, 2000 the petitioner, a society registered under the West Bengal Societies Registration Act, 1961, was recognised for the above-noted purposes in terms of provisions of the guidelines dated May 29, 1995. The period of validity of the certificate of recognition was extended from time to time and lastly it was extended upto June 4, 2010.
Mr. Chatterjee, counsel for the petitioner, has argued as follows. Without giving the petitioner any opportunity of dealing with any allegation made against it by anyone the respondents could not decide not to renew its recognition. In the face of the recommendation of the department concerned of the State Government, there was no valid reason for the Central Adoption Resource Authority (in short CARA) to give the impugned directions thereby in reality suspending the petitioner.
Mr. Razzack, Additional Solicitor-General of India, has appeared for the Central Government and he has submitted as follows. Since complaints containing serious allegations have been received, CARA has decided to send the whole matter to the State Government for making necessary enquiry for ascertaining whether there is any element of truth in the allegations. It will not be appropriate to permit the petitioner to deal with any adoption case until it is cleared of all the allegations. The State Government is competent to issue clearance certificates during pendency of the enquiry.
Mr. Roy, Advocate-General of the State of West Bengal, has appeared for the State Government and he has submitted as follows. Complaints containing serious allegations against the petitioner have been received. There are good reasons to say that a large number of girls going to foreign countries through the process of adoption are falling victims of child abuse. Considering the seriousness of the matter, the concerned CARA has taken the impugned decision. It is necessary to make a detailed enquiry for ascertaining the element of truth in the allegations, and it will not be proper to permit the petitioner to deal with any adoption case during pendency of the enquiry.
There is no reason to say that CARA has decided not to renew the petitioner''s recognition. It is evident that final decision in the matter has not yet been taken, and, in any opinion, for good and valid reasons. Hence it is wrong to say that without giving the petitioner any opportunity of dealing with any allegation made against it by anyone the respondents have decided not to renew its recognition.
It cannot be said to be a case of suspension. Suspension is only when a live authority to work is made inoperative. CARA''s mere lethargy to decide the request for renewal might have entitled the petitioner to work during pendency of the renewal request. But CARA''s conscious decision to defer its decision has laid the expiry of the term of the certificate bare. Today a mere revocation of the decision dated July 27, 2010 will not automatically entitle the petitioner to work as an organisation recognised by CARA. It will need a certificate commencing a new term. Suspension, on its revocation, would have entitled it to work during the remainder of the term of the live certificate of recognition.
I, therefore, do not find any reason to interfere with the decision. I am, however, of the view that it will be appropriate to direct the State Government to conclude the pending enquiry within a specified time giving the petitioner reasonable opportunity to present its case and defend itself. For these reasons, I dispose of the petition ordering as follows.
The State Government shall conclude the pending enquiry within six weeks from the date of communication of this order to the Principal Secretary of its Women & Child Development Department. Copies of all complaints and materials, likely to be relied on, shall be supplied to the petitioner that shall be given reasonable opportunity to present its case and defend itself.
Within a week from the date of completion of the enquiry the report shall be submitted to the CARA, at once forwarding a copy thereof to the petitioner; and within a week thereafter CARA shall decide the petitioner''s request for renewal of its recognition. The decision shall be communicated to all immediately. Until the decision is taken by CARA in compliance with these directions, the State Government shall deal with urgent adoption cases in terms of the impugned decision for reasons recorded in writing. No costs. Certified xerox.