Order:

This Writ Petition is filed to declare the proceedings dated

12.12.2019 issued by the fifth respondent terminating the petitioner as Mid-Day Meal Organiser working in Mandal Praja Parishad School, Gangampeta village, Burja Mandal, Srikakulam district, without issuing any show cause notice and without passing any speaking order, and appointing the seventh respondent as new agency of the said School as arbitrary and illegal.

The case of the petitioner is that she is the organizer of Manikanta Self Help Group and engaged as Mid-Day Meals Organizer at Mandal Praja Parishad School, Gangampeta village, Burja Mandal, Srikakulam District, in the year 2014; there are no adverse remarks against her for all these years; while so, the fifth respondent, without issuing any show cause notice and without passing any speaking order, issued the impugned proceedings dated 12.12.2019, terminating the petitioner as Mid Day Meals Organizer, and thereafter the fifth respondent appointed the seventh respondent in the place of the petitioner; petitioner approached the second respondent in the month of January 2020, but so far no action has been taken by the respondents. Hence, challenging the impugned proceedings, the present Writ Petition is filed.

Learned counsel for the petitioner reiterated the contentions raised in the Writ Petition.

Learned Government Pleader appearing for the respondents submits that questioning the action of the State authorities in terminating the services of the Mid-Day Meal Implementing Agencies and Cooks etc., batch of Writ Petitions were filed in W.P.Nos.8037 of 2019 and batch, and this Court dismissed all the said Writ Petitions.

All the contentions raised in the present Writ Petition were also raised in the said batch of Writ Petitions including the plea that notices were not served on the petitioners therein before terminating their services and that the guidelines issued under G.O.Ms.No.94 dated 25.11.2002 were also not followed. This Court, by a common order dated 31.10.2019, dismissed all the said Writ Petitions by observing that no enforceable legal/statutory right is available to the petitioners therein to invoke Article 226 of the Constitution of India.

Apart from the said batch of Writ Petitions, this Court in Sri Kodanda Ramaswamy Oriental Educational Committee v. The

1 District Level Committee for Mid-Day Meal Scheme, Cuddapah and Rudramamba Mahila Dwacra Group, Shiva Nagar, Warangal v. Principal Secretary, Education Department, Government of

2 A.P. held that the petitioners under the Mid Day Meals Scheme do not have vested legal right which is enforceable by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

In D. Ameena Bee v. Commissioner, Anantapur

3 Municipality, Anantapur , a Division Bench of this Court also held as follows.

“3. That the predominant purpose of engaging the services of the implementing agencies is to entrust them with the work of cooking so that the scheme is properly implemented and the students derive the benefit of the scheme. It is meant for the welfare and benefit of the

1 2003(2) APLJ 323 2 2004(6) ALD 157 3 2005 (2) ALT 576

students. Even the proceedings of the District Collector, referred to hereinabove, does not confer any right upon anyone of the implementing agencies. The implementing agencies are not expected to convert this scheme into any profit making ventures. May be in the process, the actual personnel involved may derive semblance of wage, but the scheme is not intended to provide any employment to any individual or implementing agencies. In the circumstances, we are of the opinion that the proceedings of the District Collector approving the list of identified implementing agencies by the Municipality itself does not confer any indefeasible right upon any one of the implementing agencies or individuals consisting of such implementing agencies.”

4. ……………………

“5. The impugned proceedings, dated 17-11-2004, which is challenged bef