Kerala HC quashes Order cancelling Appointment of Seva Bharti as Relief Agency

Greeva Garg – 

Published on August 27, 2021, at 11:20 IST

The Kerala High Court has quashed the order issued by the District Collector of Kannur, cancelling the appointment of Seva Bharti as a Relief Agency, viewing all the free service rendered by its volunteers during the pandemic period.

The vacation Bench headed by Justice N Nagaresh was hearing a petition filed by Deseeya Seva Bharati Kerala General Secretary D Vijayan, seeking a directive to the Kannur District Collector not to obstruct the district unit of Seva Bharathi from rendering voluntary service as a Relief Agency.

Seva Bharti is a voluntary social service organisation working through its branches all over India, providing charitable services.

Since the outbreak of COVID, Seva Bharti has been rendering their services to the patients infected by Coronavirus. 

Seva Bharti was appointed as a Relief Agency in Kerala on May 5, 2021, but their appointment was cancelled within 4 consecutive days alleging them to be working using the symbols and signs of the political party.

The petitioner pointed out that “Circular issued by the Government of India, Ministry of Ayush, Central Council for Research in Ayurvedic Sciences would show that to initiate local solutions during the Covid-19 pandemic, the Seva Bharati volunteers have been roped in.”

Taking cognizance in the matter, the Government cancelled their appointment submitting that the petitioner has no statutory right to be recognized as a Relief Agency.

The Court stated that no notice regarding the cancellation of appointment was given to Seva Bharti along with no specification of reason for the cancellation. 

The Court held that the District Administration liable for not conducting any preliminary inquiry in the complaints against Seva Bharti to clarify their political involvement.

“The complaints made by the panchayat president or District Panchayat President, does not make such complaints acceptable as such without any inquiry. At least the petitioner should have been granted an opportunity of hearing before passing the order. Hence, the order is unsustainable,” held the High Court.

Click here to Read/Download the Order

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