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9 wp 6579.15

9. The learned A. G. P. further submits that, at the time of receiving the permission to run the children homes, the N.G.O's have entered into the contract that, they will run the children home by arranging money by themselves through donations, etc.

10. The learned A. G. P. submits that, as per Rule 82 and 83 of the Maharashtra Rules of 2002, inherent powers vest with the State Government to constitute a committee for inspection of said Balgruhas. The Government disburses the grants as per the availability of funds. The Women and Child Development Department has forwarded the proposals for sanction of outstanding grants. The Finance Department returned the said proposal with certain queries. Due to said queries Women and Child Welfare Department has decided to work out entire scheme afresh, and therefore, issued G. R. dated 13.07.2015 for re- inspection of Balgruhas. There would be no undue hardship in re-inspection. As per the G. R. dated 13.07.2015, so also the provisions of Rule 82 and 83 Maharashtra Rules of 2002, the Government has constituted a special squad to carry out re- inspection of Balgruhas with the sole intention to make a cross check. The Government has prerogative powers to issue certain guidelines or to impose certain terms and conditions to ensure proper care and protection of children in the said Balgruhas. The gradation system enshrined in Government Resolution dated 13.07.2015 is already applicable to special schools and ashram schools under the Social Justice Department as well as normal 10 wp 6579.15 schools under the School Education Department. The N.G.O.'s running special schools and ashram schools under the Social Justice Department as well as normal schools under the School Education Department have no grudge about the said gradation system. It is only those schools who would be satisfying criteria would be entitled for the grant in aid. The marking system would assist in assessing Balgruhas. The balgruhas are meant for destitute children. The N.G.O.'s will have to maintain the standard and then only they would be entitled for the grant in aid. All these institutions coming under A category i. e. getting more than 90% marks would be entitled for grant in aid. Those getting marks from 80% to 89% will be in B category. They will be given six months time to upgrade themselves and thereafter will be considered for grant in aid and those in C category will not be entitled for grant in aid. However, will be liable for cancellation of their license as those institutions would not be taking proper care of the destitute children. The said marking system is not irrational. The institutions are required to take care and provide for the amenities and facilities under the Act and the grading system is also done accordingly.