- (1.) LET the certified copy of the impugned order which is filed by Mr. Mukherjee, Learned Advocate, appearing for the appellants, in Court today be kept with the record.
(2.) LET the certificate of the Pradhan of Jhilli Gram Panchayat dated 20th January, 2014 which is submitted by the Learned Advocate for the respondents' self -help group be kept with the record and the same be treated as a part of the record. This mandamus appeal is directed against an order passed by the Learned Single Judge of this Court on 28th January, 2014 whereby the appellants'/ petitioners' prayer for interim order for allowing them to discharge function for supply of mid -day meal during the pendency of the writ petition was rejected by the Learned Trial Judge.
(3.) LET us now consider the merit of the appeal in the facts of the instant case. Initially the appellants/petitioners being a 'self help group' was engaged by the school authority for cooking mid -day meal for distribution of the mid -day meal to the students of Jhilli High School with effect from 27th November, 2012. Subsequently, on the basis of an application submitted by the appellants/ petitioners on 8th March, 2013; the appellants'/ petitioners' group was allowed to continue cooking of mid -day meal with effect from 26th March, 2013. The engagement of the appellants/petitioners was subsequently modified vide the subsequent resolution taken in the office of Block Divisional Officer, Khargram, on 8th November, 2013 whereby it was decided that for the first fifteen days of the month, mid -day meal will be cooked by the petitioners' group and the rest of the month, mid -day meal will be cooked by the respondents. The appellants/petitioners felt aggrieved. Hence, they filed the writ petition challenging the aforesaid resolution dated 8th November, 2013 adopted in the office of the Block Development Officer, Khargram. In connection with the said writ petition, they prayed for an interim order of stay of the operation of the said resolution adopted in the office of the concerned Block Development Officer, so that the petitioners are allowed to cook the mid -day meal for the entire month as per their engagement made by the school authority earlier. It is contended by the appellants/writ petitioners that the resolution which was adopted in the office of the concerned Block Development Officer is illegal as such resolution was adopted in total disregard of the advertisement which was issued by the concerned Block Development Officer, appearing at page 48 of the writ petition, whereby applications were invited from the self help group for its engagement for cooking mid -day meal for the said school. ;