The court established that the provisions of the National Food Security Act impose a duty on the government to ensure the supply of nutritious food to vulnerable populations, and any arbitrary withdrawal of guidelines undermines the rights of beneficiaries.

JUDGMENT

K.SOMASHEKAR, J.

This intra Court appeal arises from the order dtd. 3/11/2023 passed by the learned Single Judge, by which the writ petition preferred by the petitioners challenging the guidelines dtd. 21/10/2023 bearing file No.WCD/ ICDS/MSPT/5/2023 and letter dtd. 31/10/2023 bearing No. WCD/ ICDS/MSPT/5/2023 - Comp No. 993642 issued by the respondent No.2 came to be disposed of with the findings that -

"The government orders issued by the respective departments dtd. 21/10/2023 and 31/10/2023 are therefore, in tune with the order passed by this Court dtd. 27/5/2022 and that of the Apex Court dtd. 18/7/2022. Therefore, the government orders or the circular which seeks to implement the judgment of the Division Bench as affirmed by the Apex Court, is un entertainable.

However in so far as prayer (c) is concerned, the learned Single Judge reserved the liberty to Central Government or the State Government to work out the feasibility, in case need arises."

2. The petitioner, who is a Mahila Supplementary Production Training Centre (for short 'MSPTC) involved in supplying the food products to the Anganwadi centres, approached this Court being aggrieved by the circular and letter dtd. 21/10/2023 and 31/10/2023 respectively vide AnnexuresA and B.

3. Before we advert to the rival contentions, we deem it necessary to refer to the earlier proceedings that have taken place before this Court, in order to understand the locus of the appellant is concerned.

A batch of writ petitions (PIL) were filed before this Court by various social activists and also MSPTCs summarily they pleaded as follows :

a) Direct the Respondent Nos.1 to 3 to enroll every child from the age group of 06 months-6 years, pregnant women, lactating mothers and adolescent girls who are entitled to be beneficiaries of the ICDS Scheme in Karnataka.

b) Direct the Respondent Nos.1 to e to provide Take Home Ration in the form of micronutrient fortified food to children from 06 months-3 years, pregnant women, lactating mother and adolescent girls as prescribed by the Revised Nutritional and Feeding Norms on Supplementary Nutrition dtd. 24/2/2009 bearing number F.No.5- 9/2005/ND/Tech (Vol-II) (Annexure "B") as modified by the Revision of Cost Norms for Supplementary Nutrition dtd. 6/10/2017 bearing No.CD-I-11/2/2016-CD.I (Annexure "C").

c) Scrap the existing system of nominating the suppliers to make the suppliers to make the supplies to the MSPTCs under the ICDS Scheme and implement the uniform process throughout the State of Karnataka;

d) Direct the Respondent Nos.1 to 3 to formulate the guidelines for the digital monitoring of manufacturing of SNP food to ensure the SNP food supplied to beneficiaries are in compliance with the Revised Nutritional and Feeding Norms on Supplementary Nutrition dtd. 24/2/2009 bearing number F.No.5-9/2005/ND/Tech(Vol.II) (Annexure "B").

e) Direct the Respondents to strictly comply with the Technical Report dtd. 19/8/2021 bearing No.:TT/ICDS Corr/21 (Annexure "N") without any deviation in terms of procurement, processing, fortification, supply and hygienic practice in the letter and spirit.

f) Direct the Respondents to implement the Technical Committee Report dtd. 19/8/2021 bearing No.TT/ICDS Corr/21 (Annexure "N") as per guidelines specified therein so as to procure the quality raw materials to manufacture and supply the nutrition as per the said report by giving effect to the Government Order No.MMR 04 ICD 2020 (Part-I) dtd. 5/5/2021 (Annexure "J").

g) Pass such other directions or orders that this Hon'ble Court may deem fit, in the interests of justice.

The Co-ordinate Bench of this Court was pleased to dispose these Public Interest Litigations with the findings as mentioned below:

FINDINGS

17. We have given our anxious consideration to the rival submissions and perused the material on record.

18. As rightly contended by the learned Senior counsel appearing in W.P.No.11004/2020 and W.P.No.15767/2021, the impugned orders dtd. 15/5/2021 an