- (1.) Through this writ petition the petitioner, who happens to be non-Governmental organization, involved in the distribution of the Mid-Day Meal (hereinafter referred to as MDM) to the children, studying in Junior Basic School and Senior Basic School, has challenged the decision dated 5.8.2010 taken by Committee, constituted by District Level Monitoring Cell for distribution of MDM, and order dated 12.8.2010, passed by District Basic Education Officer, Kanpur Nagar. The decision dated 5.8.2010 was taken by the committee in pursuance of the letter dated 13.7.2010, written by Additional Director, MDM Authority requiring the District Magistrate, Kanpur Nagar to take action pursuant to the report of the Public Account Committee of Legislative Assembly. The decision contains three parts: (1) for illegal occupation of the premises of Primary School, Prem Nagar by the petitioner, the rent of the same be assessed through Tehsildar and the same be recovered from the petitioner; (2) the society be blacklisted and stopped from further work of MDM in the district; and (3) recovery of the embezzled amount alongwith 18% interest, whereas by order dated 12.8.2010, the District Basic Education Officer has blacklisted the petitioner and stopped taking work of supply of MDM and also passed an order for recovery after its assessment. Before entering into the facts of the present case, we would like to go through the entire scheme meant for distribution of MDM and the objects lying behind the initiation of this scheme. The Apex Court in the case of People's Union for Civil Liberty v. Union of India and others (a public interest litigation), realizing the pain and mental agony of the poor down-trodden nameless, faceless and voiceless persons, observed that there are existence of very large sections of poor persons, their right to life, right to food to those who can ill-afford to provide to their families two meals of a day and their misfortune becoming further grave during famine and draught. The Apex Court observed as under: On 28th November, 2001, this Court directed the State Governments/Union Territories to implement MDM scheme by providing every child in every Government and Government aided primary school with a prepared MDM with a minimum content of 300 calories and 8-12 grams of protein each day of school for a minimum of 200 days. The said order further directed that those Government which provide dry rations instead of cooked meal, within 3 months, should start providing cooked meal in all Government and Government aided primary schools in half of the districts of the state (in order of poverty) and must, within further period of 3 months, extend the provision of cooked meal to the remaining parts of the State.
(2.) Taking that into account, the MDM scheme was initiated in the State of Uttar Pradesh in the year 1995, under which every student of Primary School was provided 3 kg. wheat or rice. This scheme has not yielded expected positive result, as no improvement in attendance of students in school and in their health had been noted. Since in State of Tamil Nadu cooked meal was being provided in the schools to the children and there the response was beyond the limits of expectations, the Government of India issued a direction to every State to provide cooked MDM to all students of primary level. Taking note of the Supreme Court directions, as quoted in the preceding paragraph, the Government of U.P. vide orders dated 25.6.2004 and 8.9.2004 implemented the MDM scheme in every primary school of the State, and in 66 backward, undeveloped blocks, it was extended to the students studying in Senior Basic Schools also. It may be pointed out that according to the Government Order dated 6th June, 2007, 18600000 (one crore eighty six lacs) students studying in one lac Junior and Senior Basic Schools, situated in 52000 Gram Panchayats, Nagar Nigams, Nagar Panchayats and Municipalities were benefited under this scheme, which number has swelled now.
(3.) The 2004 Scheme contains detail mechanism for preparation, distribution of MDM and its monitoring. According to the Government Orders, for the schools running in rural areas, a committee at village level having four members was constituted, of which Gram Pradhan happened to be the Chairman. Likewise, in urban areas, ward level committee was constituted in the chairmanship of Corporator containing same members. At the district level, another committee was constituted having nine members under the chairmanship of District Collector, and likewise, at the State level, ten member-committee was constituted under the chairmanship of Principal Secretary of the Basic Education Department. The scheme also avoided the involvement of teachers in the process of distribution and cooking, and for that purpose Self Help Group of women or NGO were required to be engaged. The detail of bearing of cost runs as under: (i) 25% from PMGY scheme. (ii) 25% financed by Government and (iii) 50% by providing food grain (2 kg. per student per month).;