HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.8643 of 2025
ORDER
Heard Sri M. Vijay Kumar Goud, learned counsel for the petitioners and learned Assistant Government Pleader for School education. Perused the record.
2. Petitioners are contending that they are maintaining Mid Day Meal Scheme in respondent Nos.7 and 8 schools since 2009. They are maintaining the said scheme with quality and hygienic conditions without any complaints from the students, parents, teaching staff and school education committee constituted for the purpose of monitoring and supervision of Mid Day Meals scheme in terms of G.O.Ms.No.94 dated 24.11.2002. Even then, 4th respondent has issued impugned proceedings dated 17.03.2025 requesting 9th respondent to supply Mid day meals to the 7th and 8th respondent schools on the ground that 4th respondent has received complaints dated 04.02.2025 and 05.02.2025 from Smt. N.
Sangeetha, Chairman, Amma Adarsha Patashala Committee, MPPS, Kothaguda in respect of respondent Nos.7 and 8 schools expressing her concern with regard to quality and quantity of the food being served is sub- standard in terms of quality and quantity. Therefore, 4th respondent expelled the petitioners from serving the Mid Day Meals to respondent Nos.7 and 8 schools. 4th respondent reinstated 8th respondent to supply Mid Day Meals to the respondent Nos.7 and 8.
3. Challenging the said proceedings petitioner filed the present writ petition contending that the impugned proceedings of 2nd respondent are contrary to G.O.Ms.No.94 dated 25.11.2002 and common order dated 30.12.2014 in W.P.No.9800 of 2013 and batch.
4. Learned Government Pleader appearing for school education on instructions would submit that 4th respondent received complaints from students and from Smt. N. Sangeetha, Chairman, Amma Adarsha Patashala Committee, MPPS, Kothaguda stating that food, quality and quantity wise is sub-standard. There is disturbance in the respondent Nos.7 and 8 schools. On receipt of complaints dated 04.02.2025 and 05.02.2025 opportunity was given to the petitioner to rectify the said mistake. They have not rectified. Therefore, on consideration of the said aspect vide proceedings dated 17.03.2025 4th respondent expelled both the petitioners from serving Mid Day Meal Scheme. There is no error in it.
5. In the light of the aforesaid submissions, it is opt to note that vide G.O.Ms.No.94 dated 25.11.2002, the Government has issued orders for implementation of Mid day meals (cooking program) for the children of Classes I to VII in all government and aided primary and upper primary school in the state. When there is violation of the said guidelines, aggrieved persons filed W.P.No.9800 of 2013 and batch. This Court considered the said guidelines and other aspects and passed common order dated 30.12.2014. Paragraph No.15 of the said common order is relevant and the same is extracted below:
“15. Till the State Government takes appropriate steps, as above, it is necessary to issue certain directions as enumerated hereunder to be implemented by the respondent authorities. The writ petitions are accordingly disposed of with the following directions:
1. The State Government shall take immediate steps to issue appropriate rules/guidelines with respect to the implementation of the decisions of the review committees, at all levels, including for replacement of an existing agency by a new implementing agency.
2. Till the Government frames appropriate rules/guidelines, as directed above, all the respondent authorities, at all levels, shall follow the directions as under:
a) Wherever the concerned review committee notices deficiency in the functioning of the existing implementing agency, the concerned review committee shall communicate its views and suggestions to the respective committees entrusted with selection of an implementing agency.
b) On receipt of recommendations of the review committee, the respective committees, entrusted with selection of an implementing agency, shall notify such deficient implementing agency and consider the explan
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