Allowed

Rajesh Mathew v. Department of Women and Child Development

Kerala HC13 Nov 2019WP(C)/16164/2019

Case brief

AI extract

What is this about?

The court directed the Department of Women and Child Development to facilitate the purchase of Pre-School Kits from the open market for the ICDS scheme by obtaining government sanction within a time frame and ensuring purchases are effective within the year 2019-20.

What did the court decide?

Direction to respondents to accord government sanction for purchase of Pre-School Kits within a time frame and ensure purchases are completed within 2019-20.

Rajesh Mathew Vs Department of Women… — Constitutional and Fundamental Rights | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941

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WP(C).No.16164 OF 2019(U)

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PETITIONER:

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RAJESH MATHEW, AGED 42 YEARS S/O. M.T. MATHEW, NELLINILKKUMTHADATHIL H KALATHOOR P.O., KURAVILANGADU VIA KOTTAYAM 686 633.

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BY ADVS. SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SRI.U.M.HASSAN SMT.P.PARVATHY SMT.SURYA P SHAJI SRI.JEFRIN MANUEL

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RESPONDENTS:

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1 DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT REPRESENTED BY ITS DIRECTOR, POOJAPURA P.O., THIRUVANANTHAPURAM 695 012

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2 DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT REPRESENTED BY ITS SECRETARY POOJAPURA P.O., THIRUVANANTHAPURAM 695 012

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3 UNION OF INDIA, REPRESENTED BY THE SECRETARY MINISTRY OF WOMEN AND CHILD DEVELOPMENT, DEVELOPMENT DEPARTMENT NEW DELHI 1100108

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R3 BY SRI.GIRISH KUMAR.V., CGC

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W.P.(C) No. 16164 of 2019

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OTHER PRESENT:

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GP. SMT. PRINCY XAVIER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 16164 of 2019

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J U D G M E N T

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This writ petition is filed seeking

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directions to the respondents to conduct the tender for purchase of pre-school kit and contingency items for Anganwadies from the open market in accordance with the ICDS scheme. It is submitted by the learned counsel for the petitioner that there are funds allotted in respect of the year 2018-19 which were not utilized and the funds are liable to be utilized in respect of the year

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2019-20. There is a further prayer made for a direction to the respondents to ensure that the fund allotted for the financial year 2019-20 for the scheme is utilized in the current year itself.

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2. A statement has been placed on record by

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the first respondent. It is stated therein that the ICDS scheme is implemented in Kerala through the

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Women and Child Development Department and that

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grant-in-aid is limited to 60% of the amount

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W.P.(C) No. 16164 of 2019

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required and 40% of the expenditure is to be met by the State Government. It is stated that items like Pre-School Kit, Medicine Kit etc are purchased from the open market by the first respondent on the basis of sanction accorded by the State Government. It is stated that the first respondent had initiated steps to obtain sanction from the Government in respect of purchase of the said kits for the year 2018-19. But due to administrative reasons, the Government did not issue sanction orders for the purchase in 2018-19. It is stated that during the year 2019-20, the first respondent has already taken steps for purchase of Pre-School Education Kit and the Government accorded sanction for the purchase of Administrative items vide Government Order dated 24.06.2019 which is produced as Ext.R1(a). It is further stated that the proposal for the purchase of Pre-School Education Kit is under consideration.

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W.P.(C) No. 16164 of 2019

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3. Having considered the contentions advanced

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on either side, it is not in dispute that it is for the State Government to take appropriate steps to accord sanction for the purchase of Pre-School Education Kit, Medicine Kit etc. for the ICDS Scheme from the open market. Since tenders have to be invited and appropriate steps have to be taken in a time bound manner, it is for the first respondent to take up the matter appropriately with the Government and get an order of sanction as required at the earliest.

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4. There will, accordingly, be a direction to respondents 1 and 2 to take appropriate steps to see that the sanction was accorded in respect of the year 2019-20 within a time frame and to see that the purchases are effective within the year 2019-20 itself. Appropriate steps shall be taken by the second respondent for according of sanction and follow up action shall be taken by the first

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W.P.(C) No. 16164 of 2019

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respondent within a period of three months from the

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date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

Ds 13.11.2019

JUDGE

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W.P.(C) No. 16164 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF LETTER NO. 11-36/2016-CD1DATED 23.11.2017 EXHIBIT P2 TRUE COPY OF LETTER DATED 4.5.2018 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.5.2018 EXHIBIT P4 TRUE COPY OF LETTER DATED 13.7.2018 ISSUED FROM PROGRAMM OFFICER, DISTRICT ICDS KANNUR TO THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF MINUTES OF THE MEETING COVERED TO DISCUSS THE INCLUSION OF JYODO-GYAN KIT ON 8.8.2018 EXHIBIT P6 TRUE COPY OF THE NOTE NO. PLGA3/24/2018-FIN DATED 16.5.2018 EXHIBIT P7 TRUE COPY OF THE NOTE NO. PLGA3/24/2018-FIN DATED 10.7.2018 EXHIBIT P8 TRUE COPY OF THE NOTE NO. PLGA3/24/2018-FIN DATED 11.10.2018 EXHIBIT P9 TRUE COPY OF THE NOTE NO. PLGA3/24/2018-FIN DATED 7.1.2019 EXHIBIT P10 TRUE COPY OF THE LETTER DATED 23.3.2019 EXHIBIT P11 TRUE COPY OF THE LETTER DATED 5.4.2019 RESPONDENT'S EXHIBITS:

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ANNEXURE R1(A) TRUE COPY OF THE G.O.(P) NO.373/2019/SJD DATED 24.06.2019.

Rajesh Mathew v. Department of Women and Child Development

Case brief

What is this about?

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Rajesh Mathew v. Department of Women and Child Development

Case brief

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