HC reprieve for two medical aspirants raised in Child Care Home

The Bombay high court (HC) allowed two teenagers aspiring to sit for a medical entrance examination to apply for a declaration as “abandoned children” to avail 1% reservation for orphans in education. Both girls have mothers who would visit them occasionally

Mumbai: In a reprieve for two residents of a child care home run by a non-governmental organisation, the Bombay high court (HC) allowed two teenagers aspiring to sit for a medical entrance examination to apply for a declaration as “abandoned children” to avail 1% reservation for orphans in education.

(HT Archives)

A division bench of justices SV Gangapurwala and RN Laddha on October 21 directed the competent authority under the Juvenile Justice (Care and Protection of Children) Act (2015) to decide their plea by November 14.

The Nest India Foundation, a charitable trust based in Andheri, filed a plea on behalf of the girls who have been living at the child care home since they were four and five years old respectively.

Both girls have mothers who would visit them occasionally.

On September 13, the NGO had filed a plea seeking direction to the competent authority to issue orphan certificate to the two girls who wished to pursue under-graduate medical courses. It also sought a direction to the admissions authority to allow the girls to participate in the common admission process from orphan’s category.

The organisation’s counsel, advocate Abhinav Chandrachud, submitted that since the girls’ mothers are alive, they could still be considered to be ‘orphans’ as per Section 2(42) of the JJ Act. If denied, the girls could also be declared as ‘abandoned children’ and get the benefit of 1% reservation available to orphans in the state, as per a government resolution from August 2021.

On August 23, 2021 the Women and Child development department issued a Government Resolution (GR) providing 1% reservation for orphans in education and public employment primarily in view of the fact that they have to face several difficulties in life because of lack of parental support.

A government pleader however, opposed the plea stating that the NGO was not registered to run a child care home and the girls couldn’t be considered as ‘abandoned children’. The pleader also pointed out that since the institution was not registered, notices have been issued to the NGO to shift the children lodged in their Home to some other registered institution.

The government pleader further said that the biological mothers of both girls are alive, and neither teenager possessed a declaration as “abandoned children.”

The court accepted the government’s contention and said that for a child to be an ‘abandoned child,’ the child should be deserted by his/her biological or adoptive parents or guardian and is required to be declared as an ‘abandoned child’ by the competent authority after inquiry.

“Today, we do not have any declaration of a Competent Committee declaring these two girls as abandoned children and unless the declaration from the Competent Authority comes forth, these girls cannot be declared as abandoned child,” the court said.

The bench, therefore, refused to pass any immediate orders in favour of the girls, but allowed them to apply to the competent authority, which in turn is directed to decide their pleas by November 14.

The court will next hear the NGO’s plea on November 15.