MAA SHAKTI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN a scheme formulated by Government of India for rehabilitation of child labour detected from various places a project namely the National Child Labour Project (NCLP) has been introduced in various districts through out the country. The scheme is required to be implemented through a registered society under the Chairmanship of administrative head of the district. For the purpose of rehabilitation of children certain guidelines have been issued and schools and rehabilitation centres are to be opened for the said purpose. Proceedings were held, offers were invited and it is not in dispute that the petitioners' establishment were granted the right to run certain schools and rehabilitation centres, petitioners are running the said centres. Now fresh tender notices dated 4.2.2013 and 5.2.2013 has been published in newspaper by respondent No.4, proposing to allot the schools and rehabilitation centres afresh in accordance to said advertisement. Challenging the proceedings initiated in allotment of schools and rehabilitation centres afresh by tender notice in question petitioner have filed this writ petition.

(2.) RESPONDENTS have filed the reply and have sought for vacation of stay. It is the case of petitioners that they are running the establishment in accordance to requirement of scheme, no irregularity is pointed out to them, no show-cause notice issued and now all of a sudden action is proposed to be taken behind their back without hearing them and without granting them any opportunity to explain the circumstances.

(3.) SHRI A.L. Gupta, learned counsel emphasized that this irregularity compel the authority to initiate fresh proceedings for allotment and in these proceedings the petitioner will also be granted opportunity to participate and, therefore, adversely affect in their right. Having heard learned counsel for the parties, I am of the considered view that when earlier offers of the petitioner were accepted, they were granted allotment, then before cancelling the allotment atleast an opportunity of showing cause and explaining the circumstances existing against them should have been granted to petitioner.