- (1.) THE petitioner who is a Corporator of Nagar Palika Parishad, district Deoria, has preferred this petition praying for quashing the advertisement dated 31.7.2008 published by the District Basic Shiksha Adhikari, Deoria respon­dent No. 3 inviting applications from non-governmental self help groups registered under the Societies Registration Act for carrying out the programme of distribu­tion of midday meal in basic schools of the municipal area of Deoria and Gaura Barhaj of the same district The challenge is on the ground that the aforesaid advertisement violates the D.O. Letter dated 14.9.2007. A supplementary affidavit has also been filed alleging that the advertisement is in violation of the Govern­ment order dated 17.2.2006 against which the petitioner has preferred a repre­sentation.
(2.) WE have heard Sri H.P. Misra learned Counsel for the petitioner and the learned Standing Counsel who has produced before us a compilation of the Gov­ernment orders in circulation that govern distribution of mid day meal in basic schools throughout the State. The contention raised on behalf of the petitioner is that the distribution has to be made by the concerned local bodies in the urban area, and it is only in the event that in case the local body expresses inability to do so, then the said function can be delegated to a non-governmental organisation. Sri Misra con­tends that no inability has been expressed by the local body at Deoria and on the contrary the experience in the past has shown that the self help group that was headed by Smt. Girja Tripathi, had committed defaults in distributions of mid day meal and therefore, adopting the same procedure by inviting applications, is in violation of the guidelines and the policy laid down, by the Government itself.
(3.) LEARNED Standing Counsel on the other hand has invited the attention of the Court to the various Government orders indicating that the District Magistrate is, the nodal officer and there are Committees constituted which are entrusted with the task of managing these affairs in coordination with the Basic Education Officer. It has been urged on behalf of the learned Standing Counsel that this is a policy decision and there is no statutory rules conferring any rights of which the petitioner is being divested so as to enable him to maintain this petition. It is urged that neither any statutory right is being infringed nor any fundamental right has been violated so as to give any cause of action to the petitioner to approach this Court. The necessity of inviting self help groups depends upon the local conditions of every district and there is no justifiable cause for the petitioner to approach this Court.;