RAM LAKHAN KEWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India as a Public Interest Litigation has been filed by the Working blind teacher posted in the Madhav Andhashram for issuing of a writ in the nature of mandamus or any other suitable writ, order, direction for better management of such Institution situated in Naka Chandrawadani Gwalior. The grievance raised by the petitioner, by an large, is covered by the earlier directions given by this court in W.P. No. 3393/2009 (PIL) on 23rd December 2009 for issuance of the commission to monitor the present status of management of the Institution, the present conditions of the blind inhabitants/students of the Institution including adoption of the reforms for welfare of the Institution. The anxiety expressed is only with regard to their implementation by the State authorities within a reasonable period.

(2.) It is not in dispute that "Madhav Andhashram is a public institution which is running in its own old constructed building situated at Naka Chandrawadani Gwalior by a public trust registered under M.P. Society Registration Act 1973 by the Board of Directors, duly appointed by its members in the election of their General Assembly of the members of the Institution under the control of Assistant Registrar M.P. Society Registration Act 1974 Gwalior. This Institution is running for the welfare of the neglected blind children (boarding)/inhabitants on receiving donations from the State, or from public or institution of the society as well as rents which is being received from some part of the building. It is unfortunate that at present, no Board of Directors validly elected by the members of the Institution is working. Shri R.S. Sikarwar, the Administrator appointed by the Assistant Registrar M.P. Registration of Society Act 1973 Gwalior due to his incompetence in working for the welfare of the Society had already been removed. So, in these state of affairs, the management of the Institution is totally paralyzed and the inhabitants and students of the Institution are compelled to lead a miserable life. To know the scenario of the management and condition of living of the blind inhabitants of the institution, who are virtually down trodden helpless and physically handicapped students and the pathetic situation of the present management, this court appointed a local commission of two respectable members from the High Court Bar Associations to visit the Institution and submit a detailed status report which is also submitted on record. Even after the directions issued as an interim manner in present petition and finally in previous W.P. No. 3393/2009, discussed above, the State/local authorities and Managers of the institution are not vigilant.

(3.) At this stage, it may be mentioned that Article 21 of the Indian Constitution grantees the protection of life and liberty whereas Article 21-A Indian Constitution grantees for providing right to free education to all children of the age of six to fourteen years in such a manner as the State may by law determine. Further Article 39 of the Indian Constitution described the directive principle as fundamental in the governance of the country which are complimentary and supplementary to the fundamental rights directing the State to secure a social order for promotion of welfare of the people residing in different area and or engaged in different vocations.