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JAY SENGUPTA
Ambika Prasad Bhakat – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Jay Sengupta, J.
1. These are applications praying for direction upon the respondent authorities, inter alia, to issue necessary appointment and allotment of foodgrains for distributors amongst beneficiaries under the mid-day-meal scheme in the district of Birbhum.
2. Learned senior counsel for the petitioner submitted as follows. In 1995, the Central Government introduced a benevolent scheme for the students in the age group between 6 to 14 years to provide mid-day-meals to reduce the rate of drop out students in schools. Like the other States, the Government of West Bengal also started to implement the said scheme. For its implementation, the State Government also formed a scheme, only allowing the distributor/carrying contractor of the Food & Supplies Department to transport the Mid-Day-Meal rice from the FCI Godown to the respective schools. In 2006 last such scheme was framed by the State Government in the year 2006. Clause 5.3 of the said scheme dealt with the provisions of lifting of food grains, which suggested that the food grains allocated to District would be lifted by the Distributors/carrying contractors of the Food & Supplies Department for transportation of t
Guidelines lacking statutory force cannot retroactively invalidate prior appointments, and undue delay in seeking relief can bar claims.
Before mandamus can issue to a public servant it must therefore be shown that a duty towards the applicant has been imposed upon the public servant by statute so that he can be charged thereon, and i....
Contractor's responsibility in food grain transportation under Mid Day Meal scheme and parameters for anticipatory bail decision.
The court affirmed that employment contracts dictate the terms of service termination, emphasizing that budgetary concerns justify cessation under established contractual frameworks.
The rejection of applications for distributorship based on criteria not included in the statutory framework is ultra vires and violates principles of natural justice.
The court emphasized that the appellants had no legal right to challenge the State's policy decision, as it was taken at the top level of the administrative hierarchy and implemented through the subs....
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