A bench comprising justices Pradeep Nandrajog and Jayant Nath distinguished between recognition and registration of such institutions under various laws, including Juvenile Justice (Care and Protection of Children) Act and the Women and Children Institutions Licensing Act, 1956.
The court said that registration of an orphanage is "independent" of its recognition which has to be decided by a state government with reference to the norms prescribed for a recognised institute.
The bench pronounced the judgement while disposing of a plea by city-based orphanage Chhatravas, which provides, free of charge, boarding and lodging to orphan and destitute girls at its two campuses in East of Kailash here.
The court took strong exception to the "flip-flop" of the department which gave contrary statements on the issue of recognition and renewal of licence.
"No doubt the officers of the Department of Women and Child Development, Government of NCT of Delhi are an illuminating lot, but it appears that half of them are fused and the remaining half are confused," it said.