The Bombay High Court has directed the state government to immediately issue “Orphan Certificate” to two girl students residing in a children’s home, who wish to appear for NEET 2022 and apply for the course of MBBS.
A division bench of justices Revati Mohite-Dere and Madhav Jamdar recently directed the government and the District Women and Child Development Office (DWCDO) to take necessary steps considering that the Child Welfare Committee (CWC), after due diligence, recommended giving the certificate to the girls in November 2020.
“As the cases of the students are already recommended by the Respondent No.4 (CWC) after examining the record, we do not see any impediment in granting this Interim Application…. We direct the Respondents to issue and grant an orphan certificate to both (the girls), forthwith.”
The HC was hearing an application filed by the children’s home for girls, The Nest India Foundation, seeking directions to the authorities to grant the certificates to the students so they could pursue their studies.
Abhinav Chandrachud, counsel for the children’s home, argued that on November 24, 2020, they applied for the issuance of orphan certificates for the students. On November 27, 2020, the CWC, Mumbai Sub-Division recommended their cases to the DWCDO. Despite several trips to the offices of the respondents in the last two years, as well as repeated phone calls, the Orphan certificate has not been issued.
Citing urgency, Chandrachud said that the last date of to apply for NEET 2022 for admission in MBBS degree is May end.
Government pleader Poornima Kantharia contended that they had informed the applicants early this month that there were shortcomings in their applications.
The court noted that the authorities have not informed the nature of the shortcomings all these years: “It is significant to note that from November 24, 2020 till date the Respondents have failed to inform about the nature of deficiencies in the applications.” The court further added: “It is significant to note that the Respondent No.4 (CWC) by letter dated November 24, 2020 after considering the entire record recommended that the said students be granted Orphan certificate.”
The Nest India Foundation had filed a petition early this year challenging the notice issued by the DWCDO on July 1, 2021, directing it to vacate and shift 31 orphaned children from a children’s home to some other registered children’s home. The notice was issued stating that the children’s home is not a registered child care institution under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Maharashtra State Judicial Justice (Care and Protection of Children) Rules, 2018.
Pending hearing in the petition, it filed application seeking urgent relief for the girls.
