Madras High Court
M/S. Saraswathi Women Educational ... vs The State Of Tamil Nadu on 18 October, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.Nos.30667, 30672 & 30674 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.30667, 30672 & 30674 of 2024
and
WMP.Nos.33281, 33283, 33286, 33287, 33289 & 33290 of 2024
M/s. Saraswathi Women Educational Service
Training Improvement Centre (SWESTIC),
Rep. by its Executive Director S.Kalaiarasi,
No.1/105, Lakkayankottai, Athikombai Post,
Oddanchathiram Taluk, Dindigul District. ...Petitioner in WP.No.30667/2024
M/s. Saraswathi Women Educational Service
Training Improvement Centre (SWESTIC),
Rep. by its Executive Director S.Kalaiarasi,
No.3/64(1), Alagappa Layout, Vengatesha Colony,
Pollachi, Coimbatore District-642 001. ...Petitioner in WP.No.30672/2024
M/s. Saraswathi Women Educational Service
Training Improvement Centre (SWESTIC),
Rep. by its Executive Director S.Kalaiarasi,
No.275/25, Anna Nagar, Kulithalai Post,
Karur District. ...Petitioner in WP.No.30674/2024
Vs.
1. The State of Tamil Nadu,
Rep. by its Secretary,
Department of Health and Family Welfare,
Fort St. George, Chennai.
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W.P.Nos.30667, 30672 & 30674 of 2024
2. Tamil Nadu State AIDS Control Society (TANSACS),
Rep. by its Project Director,
No.417, Pantheon Road, Egmore,
Chennai-600 008.
3. The Deputy Director (TI),
Tamil Nadu State AIDS Control Society (TANSACS),
No.417, Pantheon Road, Egmore,
Chennai-600 008.
4. Tata Institute of Social Sciences,
Rep. by its Project Director,
Project Shaksham,
V.N.Purav Marg, Deonar, Mumbai-400 088.
5. The Director,
Regional Centre for Urban and Environmental Studies,
Adikment Main Road, Osmania University,
Amberpet, Hyderabad, Telangana-500 007. ...Respondents in all W.P's.
COMMON PRAYER: Writ Petitions filed under Article 226 of Constitution
of India, praying for issuance of Writ of Certiorari, calling for the records
relating to the impugned order of 2nd respondent made in Ref.No.747/TI-
NGO/TANSACS/2022 dated 04.07.2024 and quash the same.
In all W.P's.:
For Petitioner : Mr.V.Anandhamurthy
For Respondents : Mr.E.Sundaram, GA, for R1
: Ms.CNG.Niraimathi, for R2 & R3
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W.P.Nos.30667, 30672 & 30674 of 2024
COMMON ORDER
Since the issue involved in all these Writ petitions are similar in nature, they are disposed of by way of this common order.
2. These Writ petitions have been filed seeking quashment of the order of the 2nd respondent made in Ref.No.747/TI-NGO/TANSACS/2022 dated 04.07.2024.
3. Mr.E.Sundaram, learned Government Advocate takes notice on behalf of the 1st respondent and Ms.CNG.Niraimathi, learned counsel takes notice on behalf of the 2nd and 3rd respondents. In view of the consent expressed by the learned counsel on either side, these Writ petitions are taken up for final disposal at the admission stage itself.
4. Since no adverse order is being passed against the 4th and 5th respondents, notice to the 4th and 5th respondents is dispensed with.
5. The case of the petitioner is that, the petitioner centre is a woman led organization started as a NGO in the year 1990 with a vision of creating a Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.30667, 30672 & 30674 of 2024 just, equal and lovable world with the mission of facilitating the innate energy of poor and the disadvantaged to participate in the process of empowerment and it has been into various developmental activities in the areas of women empowerment, spreading awareness about the ill ffects of tobacco and alcohol and other developmental activities. In pursuance of the advertisement given by the 2nd respondent, the petitioner centre was selected and is implementing the targeted intervention project in Karur and Coimbatore districts from 2018 and is also implementing Link worker scheme projects at Dindigul for the last 14 years and in Namakkal district from 2021. While so, during February 2024, the 2nd respondent conducted a third party evaluation of the petitioner centre's project and subsequently, a debriefing meeting was held on 18th and 19th of June 2024 and the petitioner was not informed about the grades assigned to their projects. In such circumstances, the 2nd respondent, vide impugned order dated 04.07.2024 assigned 'D', 'C' & 'D' grade to the petitioner's respective projects in Dindigul, Coimbatore and Karur respectively and further it is stated that another evaluation would take place in three months and in case of poor performance, the petitioner organization could be terminated without further notice. Pursuant to the same, though the petitioner made several applications seeking to provide the petitioner with the Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.30667, 30672 & 30674 of 2024 respective evaluation reports, there was no response on the part of the respondents. Hence, challenging the above said order of the 2nd respondent dated 04.07.2024, the petitioner has come up with these Writ petitions.
6. Heard learned counsel on either side and perused the materials placed on record.
7. Though very many grounds have been raised by the learned counsel for the petitioner against the impugned order, at the time of arguments, the learned counsel for the petitioner restricted the prayer and submitted that, pursuant to the impugned order of the 2nd respondent dated 04.07.2024, the petitioner sent detailed representation/reply dated 28.08.2024 to the 2nd respondent and it would suffice if this Court issues direction to the 2nd respondent to consider the same and pass appropriate orders within the time stipulated by this Court and till such time, the 2nd respondent shall continue to fund the petitioner organization.
8. In view of the limited request made by the learned counsel for the petitioner, this Court, without interfering with the order impugned, directs the Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.30667, 30672 & 30674 of 2024 2nd respondent to consider the petitioner's reply/explanation dated 28.08.2024 on merits and in accordance with law and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
9. With the above directions, these Writ Petitions stand disposed of. No costs. Consequently, the connected Miscellaneous petitions are closed.
18.10.2024
skt
NCC : Yes/No
Index : Yes/No
Speaking Order : Yes/No
To:
1. The State of Tamil Nadu,
Rep. by its Secretary,
Department of Health and Family Welfare,
Fort St. George, Chennai.
2. Tamil Nadu State AIDS Control Society (TANSACS), Rep. by its Project Director, No.417, Pantheon Road, Egmore, Chennai-600 008.
Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.30667, 30672 & 30674 of 2024
3. The Deputy Director (TI), Tamil Nadu State AIDS Control Society (TANSACS), No.417, Pantheon Road, Egmore, Chennai-600 008.
4. Tata Institute of Social Sciences, Rep. by its Project Director, Project Shaksham, V.N.Purav Marg, Deonar, Mumbai-400 088.
5. The Director, Regional Centre for Urban and Environmental Studies, Adikment Main Road, Osmania University, Amberpet, Hyderabad, Telangana-500 007.
Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.Nos.30667, 30672 & 30674 of 2024 M.DHANDAPANI, J.
skt W.P.Nos.30667, 30672 & 30674 of 2024 and WMP.Nos.33281, 33283, 33286, 33287, 33289 & 33290 of 2024 18.10.2024 Page No.8 of 8 https://www.mhc.tn.gov.in/judis