Order:

This Writ Petition is filed to declare the proceedings of the third respondent dated 30.11.2019, removing the petitioner from the Mid-Day Meals agency in the MPP School, Polavaram (Kothapeta) village, Chatrai Mandal, Krishna district, without following the due procedure, as illegal and arbitrary.

The case of the petitioner is that she is the member of Malleswari DWACRA Group, Polavaram village and she was appointed as cooking agency for Mid-Day Meals Programme in MPP School, Polavaram village, Chatrai Mandal, Krishna district in the year 2014 and since then she has been working as cooking agency without any complaint; while so, on a complaint/representation received against her, the fifth respondent issued a show cause notice dated 16.09.2019 calling the petitioner to submit her explanation and in reply to the said notice she submitted her explanation on 18.09.2019; however, without considering the same, the third respondent has issued the impugned proceedings dated 30.11.2019 removing the petitioner from the agency of Mid-Day Meals cooking.

Hence, she filed the present Writ Petition.

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 no opportunity was given to 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 students. Even the proceedings of the District Collector, referred to hereinabove, does not confer any right upon

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

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 before us, in our considered opinion, in no manner affects any of the guaranteed rights of the appellants herein. The order under which the appella