Back
2021 Supreme(Online)(Guj) 7776
GUJARAT HIGH COURT
VIKRAM NATH, CJ, J.B.PARDIWALA, J
SUO MOTO – Appellant
Versus
STATE OF GUJARAT, THROUGH THE PRINCIPAL SECRETARY & 1 other(s) – Respondent
WRIT PETITION (PIL) NO. 201 of 2020
For the Applicant(s): SUO MOTU
For the Respondents:MR. KAMAL B. TRIVEDI, ADVOCATE GENERAL, MS. MANISHA LAVKUMAR SHAH, GOVERNMENT PLEADER, MR. DHARMESH DEVNANI, AGP
The state must ensure educational access and support for low-income families during crises, as reflected in the mid-day meal policy and legislative provisions.
Headnote:(A) Relevant laws include the National Food Security Act, 2013, concerning the implementation of the mid-day meal scheme. The key legal principle concerns the responsibility of the state to ensure that educational access is maintained during crises. Facts indicate a significant disruption in mid-day meals due to the pandemic, impacting low-income households with children in government schools. The existence of a survey highlighting these hardships justified the court's involvement. Issues addressed included the adequacy of government measures to alleviate educational disruptions during the lockdown. The court found that while the state made efforts to provide food security allowances, attention was needed to reach all affected families.
Result: The litigation is closed, but the state is reminded of its duty to support education during financial hardships.
| Table of Content |
|---|
| 1. suo motu proceedings initiated to address public concern over mid-day meal disruptions during covid-19. (Para 1 , 2) |
| 2. state government measures for food security and education amidst school closures. (Para 3) |
| 3. court's recognition of efforts made by state and the necessity of ensuring educational access. (Para 4 , 5) |
| 4. the closure of litigation while highlighting the need for continued support for students. (Para 6) |
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1.
This Court thought fit to take suo motu cognizance of an
article dated 18th December 2020 published by the Indian
Express News Service. The article referred to above reported as
regards a survey conducted by the Indian Institute of
Management, Ahmedabad (IIM-A) and the UNICEF, Gujarat, with
respect to the various problems and hardships faced by many
households during the period of lock-down, more particularly,
the hardship that was caused on account of the sudden
stoppage of the mid-day-meals in the Government schools. The
order passed by this Court dated 18th December 2020 reads
thus:
(1) State of Gujarat (Notice to be served through the Principal
Secretary, Education Department).
(2) State of Gujarat (Notice to be served through the
Commissioner, Mid-day Meal Schemes)”
2.
In response to the aforesaid, the State Government has
filed a detailed report. The report is in the form of an affidavit.
We have gone through the entire report. The gist of the report is
as under :
2(1)
The mid-day meal scheme is presently being implemented
in a total of 32,822 Government primary schools in the State of
Gujarat. At present a total number of 50,29,339 students of
Standards 1 to 8 are registered for the Academic Year 2020-21.
As per the provisions of the National Food Security Act , 2013,
the Government of India has fixed the quantity of food-grains
and cooking cost for Standards 1 to 5 and Standards 6 to 8 as
follows :
100 grams
Rs.4.97
Std 6 to 8
150 grams
Rs.7.45
2(2)
In order to ensure that the benefits of the mid-day meal
scheme are provided to the entitled beneficiary students, in spite
Page 4 of 17
C/WPPIL/201/2020 ORDER
of closure of the schools, a decision was taken by the
Government to provide the Food Security Allowance in lieu of the
mid-day meals to all the entitled beneficiary students of
Standards 1 to 8 vide the Government Resolution dated
23.03.2020 passed by the Education Department. Pursuant to
such Government Resolution dated 23.03.2020, eight orders
have been issued by the Government in a phased manner to
provide the Food Security Allowance to all the entitled
beneficiary students. These eight orders cover 187 school days
from 16.03.2020 to 18.11.2020 (excluding the days of Diwali
vacation) for the purpose of the Food Security Allowances in lieu
of the mid-day meals. The details of the orders are as under :
1
16.3.2020 to 29.03.2020
11
3241.01
67370.56
2
30.3.2020 to 14.04.2020
10
2946.37
61245.96
3
15.04.2020 to 03.05.2020
15
4419.56
91868.94
4
04.05.2020 to 07.06.2020
34
10346.11
208236.28
5
08.06.2020 to 30.06.2020
20
5941.56
119585.39
6
01.07.2020 to 31.07.2020
27
7865.07
158300.46
7
01.08.2020 to 31.08.2020
21
6189.73
124580.3
8
01.09.2020 to 18.11.2020
(except days of Diwali
Vacation)
49
14469.41
291225.08
TOTAL
187
55,418.82
11,22,412.97
2(3)
For the purpose of preparing the food, the amount of
cooking cost is being deposited in the bank account of the
parents/students as per the number of school days. For
Page 5 of 17
C/WPPIL/201/2020 ORDER
instance, if we take the period of 01.08.2020 to 31.08.2020, the
total number of school days during such period were 21.
Therefore, the total amount which would be deposited in the
bank accounts of the entitled beneficiaries would be the school
days (21) multiplied by the per day requirement of
