Del HC | “Non-renewal cannot result in permanent disbarment”; Recognised Adoption Agency in Canada gets opportunity to apply afresh

Delhi High Court: Prathiba M. Singh, J., held that a Canadian Adoption Agency which was recognised for a very long period of time and its’ non-renewal will not result in disbarment from operating as a recognised agency.

Petitioner a Canadian Organisation duly recognized as an authorized foreign adoption agency by the Ontario Ministry of Children and Youth Services, in Canada.

It was stated that the petitioner had a license as an adoption agency for inter-country adoption services since 2003. Petitioners’ license was renewed under Regulation 31(3) of the Adoption Regulations, 2017 under Section 68(c) read with Section 2(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Further, it was stated that the said license remained for a period of 5 years and expired in June, 2018.

When the petitioner applied for the renewal of the license, it was not granted by respondent 2. Hence, the petitioner filed the present petition before this Court seeking an appropriate direction to the respondent authority, to renew its license.

Respondent 2 had submitted that there were alleged irregularities in the adoptions which were facilitated by the Petitioner along with certain non-compliances in submission of the documents such as annual reports, etc. which were required to be submitted in compliance of Regulation 30 and 31(2) of the Adoption Regulations, 2017.

Decision

Bench expressed that considering the petitioner had the license since 2003 and was a recognized adoption agency in Canada. This Court opined that the said non-renewal could not result in permanent disbarment of the petitioner from operating as a recognized adoption agency.

Further, the Court stated that even though the licence was not renewed, the petitioner ought to have an opportunity to apply afresh.

Hence, High Court permitted the petitioner to file a fresh application seeking a licence under the Adoption Regulations, 2017 framed under the scheme of the Juvenile Justice Act. [World View Adoption Assn. v. Union of India, 2021 SCC OnLine Del 196, decided on 22-01-2021]


Advocates for the parties:

For the Petitioners: Ms Neela Gokhale, Ms Harshal Gupta, Ms Shruti Dixit & Mr Kushal Choudhary, Advs.

For the Respondents: Mr Gaurang Kanth, Standing Counsel with Ms Biji Rajesh, Advocate for R-2.

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