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Delhi High Court - Orders

Richa Dixit & Ors vs Union Of India & Ors on 22 February, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~5
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +            W.P.(C) 17077/2022 and CM APPL. 54149/2022
                                RICHA DIXIT & ORS                                   ..... Petitioners
                                              Through:            Mr. Rajesh Pathak Mr. Sumit Kumar
                                                                  Ms. Shivani Shukla & Mr. Ishank
                                                                  Gupta, Advocates. (M: 8400001880)
                                              versus
                                UNION OF INDIA & ORS.                              ..... Respondents
                                              Through:            Mr Ajay Digpaul CGSC alongwith
                                                                  Mr Kamal R Digpaul and Ms Swati
                                                                  Kwatra, Advocates. (M: 9811157265)
                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                         ORDER

% 22.02.2023

1. This hearing has been done through hybrid mode.

2. The present Petition has been filed seeking the issuance of Final Certificates of the President award to the Petitioners and to validate the Provisional President award certificates

3. The counter affidavit on behalf of the Ministry of Youth Affairs and Sports has been filed as per which the stand is that it is only with effect from 8th May, 2018, that the proposals of the Bharat Scouts and Guides/Respondent No.2 are being routed through the Ministry of Youth Affairs and Sports. Prior to the said period, the recommendations were sent directly to the office of the Hon'ble President of India. Mr. Digpaul, ld. Counsel points out that a counter affidavit has been filed on behalf of Bharat Scouts and Guides which is sworn by Mr. R.K. Kaushik, the Director. He has handed over a copy of the counter affidavit which was served upon him, the relevant portion of which reads as under:

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:24.02.2023 16:37:22
"A) That the Bharat Scouts and Guides i.e. the Respondent No.2 is a voluntary organization and have been recommending the name of 3911 scouts, guides, rovers and rangers for the year 2016 and 2017 for issuance of the President Award certificate, however the same is subject to review by the, office of the Hon'ble President. The names of petitioner were submitted to the office of the Hon'ble president but final certificate is still awaited.
B) This number was reduced to 120 volunteers per year from year's 2019 but earlier recommendations were neither rejected but the certificate is also awaited. The respondent organization fully implement and abide with the accompanying guidelines laid down by Ministry of Youth Affairs & sports, Government of India as well as that office of the Hon'ble President. C) The respondent organization humbly submits that the names forwarded for issuance of certificate of President Award if are not considered due to imposition of ceiling on number of persons, the same shall be carry forwarded for the next year."

4. From the above, it appears that the names of the Petitioners have been recommended by Respondent No.2 to the office of the hon'ble President of India, however, the certificates have not been issued. In view thereof, let the Ministry of Youth Affairs and Sports make enquiries with the office of the Hon'ble President of India at Rashtrapati Bhavan as to whether the recommendations of Bharat Scouts and Guides for issuance of presidential awards to the Petitioners were approved and, if so, the time span that would be required to issue the final certificates.

5. Ld. counsel for the Petitioners submits that the provisional certificates have already been issued to the Petitioners by the Bharat Scouts and Guides and the copies of the same are on record.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:24.02.2023 16:37:22

6. List on 23rd March, 2023.

PRATHIBA M. SINGH, J.

FEBRUARY 22, 2023 dj/rp

7. At this stage, Ms. Nirmala Singh, ld. Counsel (M:9818817907) entered appearance and was apprised of the order. Let the counter affidavit filed by her be brought on record.

PRATHIBA M. SINGH, J.

FEBRUARY 22, 2023 dj/rp Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:24.02.2023 16:37:22