THERESAS TENDER LOVING CARE HOME Vs. CHAIRPORSON BOARD CONTROL AND SUPERVISION OF HOMES OFFICE OF THE DIRECTE WOMANE DEVLOPMENT AND CHILD WALFARE

JUDGEMENT

(1.) INTRODUCTION st. Theresa's Tender Loving Care Home (hereafter called, TLH) filed instant writ petition aggrieved by an order of Chairperson, board of Control and Supervision of Homes, o/o the Director of Women Development and child Welfare (first respondent herein) (hereafter called, the Director), whereby and whereunder application of TLH for issue of recognition certificate was rejected. Such a certificate is required under Andhra Pradesh orphanages and Other Charitable Homes (Supervision and Control) Rules, 2001 (Orphanage Rules, for brevity) as well as andhra Pradesh Women's and Children's institutions (Licensing) Rules, 2001 (Institution Rules, for brevity) for acting as adoption agency under G. O. Ms. No. 16, dated 18-04-2001. The recognition was rejected on the ground that TLH violated Rules of adoption and committed irregularities in procuring children and arranging adoption of them to foster parents. The challenge is based mainly on the ground that TLH being an organization of religious congregation statedly handled all adoptions in 'rule-abiding-manner' and impugned order was issued ignoring relevant facts and circumstances without applying mind. BACKGROUND OF THE CASE

(2.) THE factual background is as follows: society of Jesus Mary Joseph (SJMJ) is an international organization. It is involved in social welfare and community development activities. Out of three provinces, Hyderabad province is the biggest and it covers number of States. In Andhra Pradesh, they run schools for girls, and tribal children. They run hospitals. They also run shelter homes for street children. SJMJ is registered as st. Theresa Convent Society and is running hospital in the same name. It also runs orphanages. TLH is one such orphanage in existence for long time.

(3.) THE Society obtained certificate of recognition (Cor) from Central Adoptions resource Agency (CARA, for brevity), third respondent herein, in 1997, for a period of three years. Thereafter the recognition/ licence extended from 06-10-2000 to 05-10-2001. By virtue of such recognition, tlh is authorized to take up in-country and inter-country adoptions. After obtaining CARA recognition statedly TLH was successful in finding placement to children and it was instrumental in bringing happiness to several childless couples in India and abroad. TLH receives children at its doorsteps brought by biological parents or unwed mothers intending to relinquish children due to poverty or due to social stigma. They leave children with a hope that children sired by them find a home. The petitioner makes preliminary enquiry. They counsel biological parents. They are informed that they have right to take back the children within two months from the date of leaving a child at TLH. They are also informed that the relinquished child would be adopted by Indian or foreign parents. After such counselling, TLH would obtain relinquishment deed executed in the presence of witnesses. Though this ideal procedure is adopted, trouble starts when at every step referred to hereinabove, truth takes back seat.