The termination of a service agency without notice and opportunity for explanation violates natural justice and established guidelines regarding procedural fairness.

ORDER:

SUREPALLI NANDA, J.

Heard Sri Nambi Krishna, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Education appearing on behalf of the respondent Nos.1, 2, 4 and 6 and the learned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos.3 and 5.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a Writ Order or Direction particularly one in the nature of Writ of Mandamus declaring the respondent No.4 impugned proceeding order vide No. 421/B4/2025, dated. 27-06-2025 by terminate the services of the present MDM Agency at Govt Girl High School, Narayanpet and recommended to engage and avail the services of the new MDM agency without issuing any notice and opportunity to the petitioner as illegal arbitrary and against the principles of natural justice and set aside the same and also in violation of Articles 14, 21 of Constitution of India and consequently direct the respondents to continue the service of petitioner agency MDM at Govt Girl High School, Narayanpet and pass…”

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:

i) The petitioner, Ekalavya Mahila Group, a Self Help Group from Narayanpet, was appointed as the Mid-Day Meal (MDM) agency for Government Girls High School, Narayanpet, vide proceedings No. B/7337/2008, dated 30.11.2008, issued by the 5^th respondent in accordance with G.O.Ms.No.94, dated 25.11.2002. Since then, the petitioner has been rendering uninterrupted services for over 17 years without any complaint regarding the quality or performance of its duties.

ii) However, the 4^th respondent issued proceedings vide No. 421/B4/2025, dated 27.06.2025, terminating the services of the petitioner agency and recommending engagement of a new MDM agency, without issuing any notice or affording an opportunity to the petitioner to submit its explanation.

iii) Despite submitting representations dated 04.06.2025 and 22.06.2025 to the 4^th and 6^th respondents seeking reconsideration of the termination and continuation of services, no response was received from the respondents. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition.

4. PERUSED THE RECORD:

A) The impugned proceedings vide Re.No.421/ B4/ 2025 dated 27.06.2025 of the respondent No.4-the District Educational Officer, Narayanpet, , is extracted hereunder:

PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICE, NARAYANPET

Present: M. Govinda Raju MSC. M.Ed.Ph.d

Re. NO. 421/B4/2025

Date: 27.06.2025

Sub: School Education-Culpable negligence of duties and lack of abidance of SOP in the preparation of food for children at Govt Girls HS Narayanpet District Termination of servicer of MDM Agency-order-issued.

Ref: 1) Complaints received from students, parents teachers and Head Master on 27.06.2025

2) Instructions given by the of the Collector & Dist Magistrate Narayanpet.

Where it has come the notice with respect to the complaints received from parerits, students and teachers that the food served to school children at Govt Girls High School Narayanpet was not prepared in a hygienic manner and It was also prepared without abiding to the preparatory protocol (S0P) and menu of MDM scheme

After careful observation and examination of the available and having due regard to the circumstances of the case, are satisfied, and it is resolved and decided as per the G.O.No 94 to terminate the services of the present MDM Agency at Govt Girls HS Narayanpet and recommended that it