ORDER :

All these petitions relate to implementation of the Integrated Child Development Services Scheme (for short ‘ICDS scheme’) in the State of Karnataka, [which was introduced on 02.10.1975 by the Government of India. In W.P.(Civil) 196/2001, the Apex Court has issued detailed guidelines regarding implementation of the ICDS scheme; amongst other things, the Central and State Government were directed not to use contractors and preferably implement the scheme making use of village communities, self help groups and Mahila Mandals. Pursuant to the directions and guidelines issued by the Apex Court, Mahila Supplementary Production Training Centres (for short ‘MSPTC’) were established by the State Government for implementation of the scheme.]

FACTUAL MATRIX

Integrated Child Development Services Scheme (ICDS Scheme)

The ICDS Scheme was introduced by the Government of India in the year 1975 and is administered through State Governments. As per the information available on the web-portal of the State of Karnataka as well as stated in the Public Interest Litigation, there are more than 50 lakh beneficiaries of the ICDS Scheme in Karnataka. These beneficiaries comprising of children aged about 0-6 years, pregnant women and lactating mothers depend on the ICDS Scheme to receive 50% of their recommended dietary allowance per day. In simple terms, ‘recommended dietary allowance’ is the level of nutrition that a healthy person shall consume to live a healthy life.

Supreme Court directions and administration of ICDS Scheme in Karnataka

On 07.10.2004, the Supreme Court of India in Writ Petition (Civil) No.196/2001 had directed the State Governments not to use contractors for supply of nutrition in Anganwadis. The Apex Court directed that “preferably ICDS funds shall be spent by making use of village communities, self-help groups and Mahila Mandals for buying of grains and preparation of meals.”

In view of the aforesaid directions, the State of Karnataka established 137 Mahila Supplementary Nutrition Production Training Centers (MSPTCs) for implementation of the ICDS Scheme. Each MSPTC consists of 22-32 women members from the most vulnerable sections of the society. The MSPTCs manufacture and supply food to the Anganwadi Centres (AWCs). The AWCs inturn supply the food to the beneficiaries under the ICDS Scheme.

Revised Nutrition and Feeding Norms

The Government of India has issued guidelines on 24.02.2009 for implementation of the ICDS Scheme (Revised Nutritional and Feeding Norms). Paragraph 7 of the Revised Nutritional and Feeding Norms require the supplementary food supplied under the ICDS Scheme to be fortified with essential nutrients so as to meet 50% of the Recommmendatory Dietary Allowance (RDA) per beneficiary per day. The said norms/guidelines were again revised on 06.10.2017. Thereafter, vide Government order dated 24.02.2018, the State Government directed the MSPTCs to procure grams and pulses from the Karnataka State Food and Civil Supplies Corporation Limited and vegetables from the Karnataka State Co-operative Consumer Federation Limited (Janata Bazar); the said order was stayed by this Court in W.P.No.16153/2019 on 26.04.2019, which was filed by Karnataka Rajya MSPTCgala Okkuta, Bangalore. On 24.12.2019, the Central Government directed the State Government to take necessary remedial action immediately to improve the quality of supplementary nutrition served in Anganwadi Centres (AWCs).

Circular Dated 02.07.2020

On 02.07.2020, the State Government issued a Circular regarding supply of good quality of food items to the beneficiaries of the AWCs under the ICDS scheme. In the said circular, the State Government referred to the orders of the Apex Court referred to supra in relation to the ICDS scheme as well as the Central Government guidelines referred to supra and various steps taken in this regard. After referring to all relevant facts and details, it was directed to obtain technical assistance by the MSPTCs for preparation of fortified