S. RAVINDRA BHAT, J.

( 1 ) THESE writ petitions question the decision of the Municipal Corporation of Delhi (MCD) awarding contracts for providing cooked mid-day meals to students of Primary schools in Delh.

( 2 ) THE Supreme Court of India, in the course of a Public Interest litigation, being WP (C)" No. 196/2001 People's Union for Civil Liberties-vs- union of India, issued directions on 28. 11. 2001, regarding implementation of the "mid-day-meal" scheme along with other welfare schemes of Central Government. The operative parts of those directions, concerning the State Government/union territories are as follows:

" We direct the State Government and Union Territories to implement the mid-day-Meal scheme by providing every child in every Govt. and Govt. assisted primary School with a prepared Mid-day-Meal with a minimum content of 300 calories and 8-12 gms. of Protein each day of school for a minimum of 200 days. Those governments providing dry rations instead of cooked meals must within three months start providing cooked meals in all government and government aided Primary Schools in half the districts of the state (in order of poverty) and must within a further period of three months extend the provisions of cooked meals to the remaining parts of the state. "

"we direct the Union of India and FCI to ensure provision of fairly average quality grain for the scheme on time. The State/union Territories and fci are directed to do joint inspection of food grains. If the food grains is found, on joint inspection, not to be of fair average quality, it will be replaced by the FCI prior to lifting. "

( 3 ) BY orders of Chief Secretary, Govt. of National Capital Territory of delhi (hereafter "gnct") dated 3. 06. 2003, MCD was directed to make detailed arrangements for its schools as well as schools of Govt. of NCT of Delh. Relevant extracts of the order reads as follows:

" This scheme would now be administered by 1st July so that in three months, it is possible to generate experience. Commissioner (MCD) indicated that he would also be able to take care of the Education Dte. Schools. Details have to be worked out in a spirit of getting things done. Problems have to be solved and not allowed to overtake the main objective of generating experience in Delh. "

( 4 ) THE principal objectives of the schemes, contained in the guidelines for National Programme of Nutritional Support to Primary Education, 2004, issued by the Ministry of Human Resources Development, Department of Elementary education and Literacy, Government of India in December 2004 are:

a) To boost universalisation of primary education (Class I -V) by improving enrolment, attendance, retention and learning levels of children, especially those belonging to disadvantaged sections. b) To improve nutritional status of students of primary stage, and c) To provide nutritional support of primary stage in drought affected areas during summer vacations also.

( 5 ) ON 9-1-2003, an advertisement was issued by the MCD, calling for responses from persons interested, with complete details indicating the capacity and experience. The responses were to be forwarded to the Director (Pry. Edn.), nigam Bhawan, Kashmere Gate, Delhi, by 29th January, 2003. The advertisement, published in newspapers, reads as follows:

"municipal CORPORATION OF DELHI mid-DAY MEAL BRANCH no. D/deo (MDM)/2003/317 Dated : 9. 1. 2003 supply OF COOKED MEAL TO CHILDREN there is a proposal to provide cooked meal to approx. 9. 50 lac children enrolled in schools run by the MCD including schools aided by MCD. These schools are located in various parts of the city under the jurisdiction of MCD. The cooked mid-day-Meal is to be served for at least 200 days in a year which virtually means on all working days. The meal shall contain minimum of 300 K. Calories and 8-12 gm. Protein at the rate of Rs. 2/- per child per day (inclusive of cost of ingredients, cooking charges and other over-head expenses) proposals are invited from int