LAWS(UTN)-2019-4-102

LOK CHETNA MANCH Vs. UNION OF INDIA

Decided On April 25, 2019
Lok Chetna Manch Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Initially, when the Writ Petition was filed by the petitioner on 18/9/2018, 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".

(2.) Admittedly, after 2018, when their term of contract expired, i.e. on 31/3/2018, 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 :-

(3.) 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.