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2023 Supreme(Chh) 686

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, Radhakishan Agrawal, JJ.
Kalika Mahila Mandal Swa Sahayata Samuh, Pounsara, Police Station Koni and ors. – Petitioners
Versus
State of Chhattisgarh, Through the Chief Secretary and ors. – Respondents
Writ Appeal No. 289, 358, 359, 475, 476 of 2022
Decided On : 06-11-2023

Advocate Appeared:
For the Appellant :Mr. Collin Gonsalves, Senior Advocate (appeared through Video Conferencing) with Mr. Rajeev Kumar Dubey, Mr. Pritam Singh and Mr. Shashi Kumar Kushwaha, Advocates.
For the Respondent:Mr. Satish Chandra Verma, Advocate General with Mr. Gagan Tiwari, Deputy Government Advocate. Mr. Vivek K. Tankha, Senior Advocate with Ms. Anjali Upadhyay, Advocate (appeared through Video Conferencing), and Mr. Satish Chandra Verma, Senior Advocate with Mr. Animesh Tiwari, Advocate. Mr. Ramakant Mishra, Deputy Solicitor General of India and Mr. Tushar Dhar Diwan, Central Government Counsel.

The National Food Security Act, 2013 supersedes previous directives regarding self-help groups, and petitioners lacked enforceable rights after contract expiration.

Headnote:(A) National Food Security Act, 2013 - Sections 2, 4, 5, 6, 7, and 24 - Integrated Child Development Services (ICDS) Scheme - Policy decision to award work of manufacturing ready-to-eat food to a government corporation challenged - Petitioners argued violation of Supreme Court directions to engage self-help groups - Court found no legal right to challenge the policy after contract expiry - Dismissed appeals. (Paras 1-49)

Facts of the case:
The State Government's decision to award the work of ready-to-eat food distribution to a government corporation was challenged by self-help groups, claiming it violated previous Supreme Court orders and would lead to unemployment for 3 lakhs women.

Findings of Court:
The court upheld the State's decision, emphasizing the statutory obligations under the National Food Security Act and the absence of legal grounds for the petitioners' claims.

Issues: Whether the State's policy decision contravened prior Supreme Court directions regarding self-help groups' engagement in food distribution.

Ratio Decidendi: The court ruled that the statutory framework established by the National Food Security Act superseded previous directives, and the petitioners had no enforceable rights after their contracts expired.

Result: Appeals dismissed.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This batch of six writ appeals involving 15 writ appellants herein / writ petitioners is directed against the impugned common order dated 28-4-2022 passed by the learned Single Judge by which the learned Single Judge has dismissed all the 283 writ petitions filed by the writ petitioners therein involving 489 self-help groups / Mahila Mandals including 15 appellants herein, finding no reason to interfere and further finding no merit as well. The writ petitioners challenged legality, validity and correctness of order dated 26-11-2021 by which the State Government has taken a policy decision to award the work of manufacture & distribution of “ready to eat food” to the Chhattisgarh Rajya Beej Avam Krishi Vikas Nigam – respondent No.5 herein with effect from 1-2-2022.

2. Since common question of law and facts is involved in this batch of six writ appeals, they have been clubbed together, heard together and are being disposed of by this common judgment. For the sake of convenience, pleadings averred in W.P.(C)No.455/2022 from which W.A.No.289/2022 titled as Kalika Mahila Mandal Swa Sahayata Samuh and four others – Versus – State of Chhattisgarh and others has arisen, are being referred for all practical purposes.

3. The aforesaid challenge to the impugned order dated 28-4-2022 has been made on the following factual backdrop: -

Relevant facts: -

4. The State Government took a policy decision on 26-11-2021 (Annexure P-1 to the writ petition) to award the work of “ready to eat food” to respondent No.5 which was made effective with effect from 1-2-2022. The writ appellants (W.A. No.289/2022) / writ petitioners preferred W.P.(PIL) No.157/2021 calling in question legality, validity and correctness of order dated 26-11-2021 before this Court. The said writ petition was registered as WP(PIL), but later-on, on the prayer and request made on behalf of the petitioners therein / appellants in W.A.No.289/2022, it was allowed to be converted to W.P.(C)No.455/2022 by order of this Court dated 17-1-2022. The writ petition was filed before this Court questioning the order dated 26-11-2021 on the ground that by the impugned order, the State Government has shifted the supply of ready to eat programme from Mahila Swasahayata Samuh to respondent No.5 Nigam in contravention of the orders passed by the Supreme Court from time to time directing to encourage Mahila Swasahayata Samuh and Mahila Mandal – self-help groups to supply the supplementary food distribution to Anganwadi Centres and if this order is allowed to stand, three lakhs women working under the Ready to Eat Scheme will go unemployed. It was further pleaded that while passing the impugned order dated 26-11-2021, no opportunity of hearing has been afforded to the writ petitioners before taking the impugned decision and there is no reason assigned as to why such a policy decision has been taken by the State to substitute respondent No.5 / Nigam in place of the petitioners, more particularly, when the ready to eat scheme is presently being run by the petitioners – Mahila Swasahayata Samuh and the food is distributed after the quality check and obtaining the Swad Praman Patra by the competent authority, except a few exceptions, no complaint has ever been received against the Mahila Swasahayata Samuh / petitioners and as such, the said order passed by the State Government is not only resulting in unemployment of 3 lakhs women in the State of Chhattisgarh, but also it is violation of the principles of natural justice for which they have made representation to the Collector and in that view of the matter, the order dated 26-11-2021 be declared as per se arbitrary and violation of the orders passed by the Supreme Court and as such, the order deserves to be set aside.

5. Respondents No.1 to 4 / State have filed detailed return stating inter alia that on 2-10-1975, the Go

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