- (1.) REFERENCE may be made to the order dated 11.05.2010, which reads as under: This case was registered as Public Interest Litigation suo motu by this Court taking notice of the news paper publication dated 21 August, 2009 wherein it was reported that in the midday meal, a lizard was found cooked and because of that, the mid -day meal eaten by the infant children, forty -eight have become seriously ill and the condition of the infant children were found in a precarious condition. Thereafter, time to time, various orders were passed by this Court directing the respondents to file affidavit with regard to steps that were being taken for providing hygienic food to the children. Recently, on 24.2.2010, this Court considered the supplementary field by the Secretary, Department of Human Resources Development, Government of Jharkhand, wherein it was stated that a District Monitory Cell has been constituted for monitoring the district wise process of cooking and providing the hygienic meal to the children. The Advocate General, Jharkhand on that day sought time for filing supplementary affidavit giving details of the activities which are being done by the District Monitory Cell in each district and how it is supervising by the State Monitory Cell. The case has been listed today (11.5.2010) for considering supplementary affidavit and for passing an appropriate order. Today another newspaper has been produced before us i.e. Dainik Jagaran dated 11.5.2010 wherein it is reported that in Deoghar, a lizard was cooked with mid -day meal and when the children ate the meal, they become unconscious. If the news published in the newspaper is correct then it is a very serious matter, which shall be dealt with stern hand but before doing so, we direct the District Judge, Deoghar to inquire into the correctness the news published today and send a report by FAX tomorrow (12.5.2010) before 12 Noon. Let this case be listed tomorrow (12.5.2010) at 12 noon under the same heading. The Registrar General of this Court is directed to inform the District Judge, Deoghar telephonic to inquire into the matter and prepare a report.
(2.) PURSUANT to the aforesaid direction, the District and Sessions Judge, Deoghar submitted a report regarding the incidence reported in the newspaper about the consumption of poisonous food by the children of the Kisanidih Government Primary School, Mohanpur in the District of Deoghar. On thorough inquiry, it was detected. that the mid day meal prepared when the school was going on and given to the boys and girls of the school. Immediately after consumption of food the children complained of abdominal pain and vomiting and thereafter some of the children started vomiting and subsequently they were taken to hospital. On inspection of the store of the food -grains of the school, it was found that rice was not even edible quality rather it was rotten. The kitchen was also found in open place and in unhygienic condition. The District and Sessions Judge,: Deoghar also visited the hospital and consulted Deputy Superintendent of Hospital, Deoghar who also said about the admission of children in the hospital on the aforementioned complain. The District Superintendent of Education informed the District and Sessions Judge that Gram Siksha Samiti of Kisanidih was dismissed and the headmaster has been put under suspension. In the concluding portion of the report, the District Judge found total unsatisfactory functioning of the mid day meal Scheme on that place i.e. lack of surveillance, lack of interest and commitment on the part of the officers in having surprise visits, proper monitoring and implementation of the scheme. In the first counter affidavit dated 5.9.2009, the Deputy Commissioner stated that for proper implementation of Mid day meal scheme and for providing hygienic food to the children the officers were directed to inspect the school without giving any prior information to the school authorities. Frequent inspection by the district as well as block level officers will result in the improvement of quality of food being served to the school children.
(3.) THE Human Resources Development Department, Government of Jharkhand in her counter affidavit dated 7.9.2009 stated that the department has issued a detailed direction to all the Deputy Development Commissioner, Regional Director of Education and Deputy Superintend of Education for the hygienic storage of eatables and consumable articles, Kitchen shed and drinking water facilities vide memo No. 2711 dated 22.11.2008. It has also been stated that all the aforesaid officers including District Superintendent of Education were directed to see that such event should immediately be stopped and steps should be taken in accordance with National Programmer of Nutritional Support to Primary Education, 2006 (Mid Day Meal Scheme). According to Secretary, Human Resources Department monitoring is also being done at state level meeting giving necessary direction to all Regional Deputy Directors of Education, District Education Officers and Deputy Superintendent of Education regarding proper function of the scheme and for providing hygienic and nutritious food to all children.;