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2018 Supreme(Pat) 1278

IN THE HIGH COURT OF JUDICATURE AT PATNA
SHIVAJI PANDEY, J.
Balvikash Sewa Sansthan - Appellant
Versus
The State of Bihar - Respondent
Civil Writ Jurisdiction Case No.3418, 3571, 3570, 4144, 3529, 10880, 11396, 17264 of 2017
Decided on : 18-05-2018

Advocates:
Advocate Appeared:
For the Petitioners:Mr. Y.V. Giri, Mr. Ashish Giri, Mr. Saroj Kumar Sharma, Advocate
For the State :Mr. Kameshwar Kumar, Mr. P. N. Shahi, Mr. Girijesh Kumar, Advocate

JUDGMENT

In all group of cases, common issue has been raised by the parties and as such, all are clubbed together and are being disposed of by this common judgment.

2. For convenience, the facts of C.W.J.C. No.3418 of 2017 are being taken into consideration for disposal of batch cases.

3. In the present case, the petitioners have sought a relief of giving direction to the respondent authorities to issue work order and enter into an agreement with the petitioners, who have been duly selected in terms of invitation for proposals and expression of interest dated 06.11.2014 through N.I.T. No.01/1588/14-15 in relation to supply of hot cooked Mid-Day Meal in primary and upper primary schools of urban areas of 26 district of Bihar. Further prayer has been made to hold and declare that once the petitioners have been duly selected pursuant to selection process in terms of N.I.T. dated 06.11.2014 and allotted the districts in which they have also prepared centralized kitchen within the specified period of three months of the issue of letter of intent, the respondents are duty bound to enter into an agreement and issue work order in favour of the petitioners in terms of the N.I.T. itself. Further prayer has been made to declare that the letter no.672 dated 13.04.2016 (Annexure-4) issued under the signature of the Director, Mid-Day Meal Scheme, Bihar, Patna, by which the certificate of work capacity is required from the Committee headed by the District Magistrate before the initiation of construction of the centralized kitchen, is contrary to the terms and conditions of the N.I.T., hence, amounting to rewriting and altering the condition of the N.I.T., which is illegal and not permissible in law, liable to be quashed. Further prayer has been made to quash the letter no.1362 dated 12.08.2016 (Annexure-6), issued under the signature of Director, Mid-Day Meal Scheme, Bihar, Patna, under which it has been recorded that in terms of the direction issued by letter 672 dated 13.04.2016 (Annexure-4) the compliance report has not been submitted till date and thus the time limit of 17.06.2017 have already expired, is wholly arbitrary, contrary to the terms and conditions of the N.I.T.

4. During the pendency of this writ petition, factual aspect of cancellation of N.I.T. came to the knowledge of the petitioners through the counter affidavit, which has been challenged by the petitioners by filing Interlocutory Application No.7399 of 2017, wherein prayer has been made for quashing the order no.813 dated 12.04.2017 (Annexure-14), issued under the signature of the Director, Bihar Rajya Madhyan Bhojan Yojana, Bihar, Patna, by which the N.I.T. bearing no.01/1588/14-15 dated 06.11.2014 has been cancelled. Further prayer has been made to issue intern orders, preventing the respondents from re-advertising the work, in question, in pursuance of the order dated 12.04.2017 (Annexure-14). Accordingly, the Interlocutory Application is allowed and the pleadings and prayer of the Interlocutory Application will be treated to be part of the main writ application.

5. These matters relate to provide the hot cooked meal to the school children from Government and Non-Governmental aided schools. This scheme has been started to improve the nutrition level of the children who are attending in classes from I to V, later on, added to the children upto the level of Classes VI to VIII in the Government, Local Body and Government aided schools and E.G.S. and A.I.E. centres. This programme has two aims, objects and advantages; first, encouraging children belonging to disadvantaged sections, to attend the school more regularly and help them to concentrate in classroom activity. At the same time, the idea is to provide nutritional support to children of primary stage in drought and flood affected areas, disadvantage class of children. It is a part of the programme of nutrition suppor





















































































































































































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