COCHLEA PUNE Vs. THE CHARITY COMMISSIONER AND ORS.

JUDGEMENT

(1.) THE submissions of the learned counsel appearing for the parties were heard on the earlier date. By this Petition under Article 226 of the Constitution of India, the Petitioner has impugned the order dated 4th June 2012 passed by the learned Charity Commissioner of the State of Maharashtra, Mumbai. A scheme was framed by this Court under the order dated 31st August 2009 in Writ Petition (PIL) No. 3132 of 2004 which is applicable to the Public Charitable Hospitals. Clause 1 of the Scheme reads thus: -

(2.) CLAUSE (2) of the said Scheme provides that the public charitable trusts which are known as "State aided pubic trusts" covered by the aforesaid Clause (1) shall be under legal obligation to reserve and earmark 10% of the total number of operational beds for indigent patients and provide medical treatment to the indigent patients free of costs. Clause (2) further provides that the public charitable trusts covered by Clause (1) of the said Scheme shall earmark 10% of the total number of operational beds at concessional rate to the weaker sections patients as per the provisions of Section 41A of the Bombay Public Trusts Act, 1950 (for short "the said Act"). Clause 4 of the Scheme lays down that the public charitable hospitals are required to create separate fund known as "Indigent Patients Fund". The scheme requires such public charitable trusts to render services as set out therein. It is provided that 2% of the gross billing of all patients (other than weaker sections and indigent patients) in each month shall be transferred to Indigent Patients Fund Account. Clause (19) of the said Scheme reads thus: -

(3.) IT appears that the name of the Petitioner which is a Society registered under the Societies Registration Act, 1860 and a Public Trust which is registered under the said Act was notified in the list of public charitable trusts covered by Clause (1) of the said Scheme. Initially, the Petitioner made various Applications to the learned Joint Charity Commissioner for deletion of its name. On 31st August 2009, the Petitioner applied to the learned Joint Charity Commissioner for deletion of its name by contending that the Petitioner is working in the field of rehabilitation of hearing impaired members of the Society especially congenital young deaf children by imparting speech and pre -school training free of cost. It is stated that the Petitioner was integrating such deaf children to normal schools for better development of future career. An affidavit was filed by Dr. Avinash Wachasundar, the Chief Managing Trustee of the Petitioner Society in support of the said Application setting out the details of the activities of the Petitioner. By the impugned order, the said Application dated 31st August 2009 has been rejected by the learned Joint Charity Commissioner. Thereafter, consequential steps were taken by the Monitoring Committee appointed to oversee the operation of such trusts, by issuing a notice to the Petitioner on 7th May 2014. After a notice was issued to the Petitioner, on 18th February 2014 a representation was made by the Petitioner to the learned Joint Charity Commissioner pointing out that the Petitioner is not covered by Clause (1) of the said Scheme. There is a reply filed by Shri Mohan Dattatraya Gade, the Assistant Charity Commissioner, Maharashtra State, Mumbai.