MP High Court Urges Responsible Citizens & Professionals In Key Fields To Conduct Social Audit Of Orphanages, Old Age Homes

The Madhya Pradesh High Court, on Friday (September 19), advocated for evolution and effective implementation of the concept of social audit calling it the need of the hour. The court was hearing an appeal challenging dismissal of a writ petition, where the appellant had sought promotion, due to non-appearance of his advocate. The appellant claimed that his writ petition, which had been pending since 2011, was dismissed by the single judge on July 21, 2025, for want of prosecution after his counsel failed to appear in the case. The appellant claimed that the non-appearance was 'solely due to unavoidable circumstances, and not on account of any willful default or lack of interest on the part of appellant/petitioner'.The appellant clarified that another lawyer was handling his writ petition and that on June 27, 2025, when the matter was adjourned due to non-appearance, the appellant engaged another lawyer who filed his vakalatnama on July 18, 2025. During the July 21, 2025, hearing, the newly engaged counsel was engaged in another court and therefore could not appear for appellant before the single judge in the writ petition which resulted in the dismissal of the writ petition for want of prosecution.Reiterating that the non-appearance was a 'bonafide mistake' and that the litigant should not suffer due to counsel's fault, the bench of Justice Anand Pathak and Justice Pushpendra Yadav allowed the writ appeal.The bench, however, suggested the counsel for the appellant "to invest one hour of community service while visiting Madhav Andha Ashram, Gwalior with some food items/snacks of Rs.10,000/- (Rupees Ten Thousands Only) and spend one hour with the children/ inmates/ families, who are of humble background and are being taken care of by the NGO/Society sponsored by State Government". Appreciating the advocate's enthusiasm to readily accept the suggestion, the court emphasized that the community service would relay a message to the "differently abled children that society and its members care for them and that they are not considered as the children of the Lesser God". Observing the matter to be a "test case to give concept of 'Social Audit' a chance to gain grounds" the bench emphasized:"Responsible and Resourceful persons of the Society who are occupying important positions in the Department of Administration/Education/Health/Legal and other related fields including Professionals like Chartered Accountants/Doctors/Lawyers etc., to take some responsibility to visit the places (like orphanage/old age home/mercy home/one stop center etc.) where persons with disability/ orphans/ old age people/ victims of the crime and other destitute are institutionalized so that they can come to know about the plight of these inmates and would be able to contribute while raising their standards of living and to create sense of well-being amongst them". The bench highlighted another important aspect of social audit relating to the management of such institutes. The bench noted that such social audits would remind the management that their work would always be monitored and would caution them from misbehaving with the inmates, especially children and females living there. "Therefore, evolution of concept of Social Audit and its effective implementation is the need of hour. Policymakers, especially Department of Women and Child Welfare Development (DWCD), Deptt. of Social Justice and Police Department must come out with some tangible solution in this regard," the bench said. The bench further directed the advocate to file a report within 15 days elaborating their experience and status of the mercy home with suggestions. Thus, the writ appeal was allowed and the writ petition of the appellant was restored. Case Title: Sushil Verma v Madhya Pradesh Industrial Infrastructure Development Corporation (WA-2566-2025)Citation: 2025 LiveLaw (MP) 192For Appellant: Advocate Prashant Singh KauraFor Respondent: Advocate Anil SharmaClick here to read/download Order

MP High Court Urges Responsible Citizens & Professionals In Key Fields To Conduct Social Audit Of Orphanages, Old Age Homes

Jayanti Pahwa

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