Bombay High Court Calls For Regular Checks On Mid-Day Meal Providers To Ensure Children From Marginalised Sections Don't 'Suffer In Silence'

The Bombay High Court recently observed that the civic authorities must keep regular and surprise checks on private contractors or self-help groups, providing cooked food to school students under the 'Mid-Day Meals' Scheme so that the children of the marginalised section do not suffer in silence and pain.

A division bench of Justices Mahesh Sonak and Kamal Khata while upholding the termination of a self-help group, which provided poor quality food to students of 12 schools, noted that the Mira Bhayander Municipal Corporation (MBMC) had granted several opportunities to the petitioner - Om Shakti Mahila Seva Sahakari Sanstha Maryadit - to provide better quality food to the students. The judges noted that on several occasions, the students went hungry only because the food served was not of good quality or was full of worms.

"The Mid-Day Meals scheme is a beneficial scheme to encourage students to attend school. It is a scheme meant to increase the nutrition of school children, including children belonging to weaker sections of society. Despite several opportunities, the quality of food supplied by the petitioner had not improved, and there have been several other lapses. The Corporation was thus justified in its action. The Corporation's action was not knee jerk. More than several opportunities were granted to the petitioner to improve the service," the judges in the order passed on July 3.

The judges noted from the record that the MBMC complied with the principles of natural justice and fair play, by granting several opportunities to the petitioner before terminating its contract.

"The Corporation, in fact, granted several to the petitioner to improve. Finally, since there was no improvement whatsoever, the impugned termination order was issued. Therefore, this is not the case of either failure of natural justice or unfairness. In the fact situation bore not of the record, we can hardly say that there was any violation of Articles 14 and 21 of the Constitution of India," the judges said.

Further, the judges noted the 'leniency' shown by the MBMC with the petitioner by granting a number of opportunities to improve its food quality and mend its way. Yet, there was hardly any improvement, the judges noted.

"We think that it is our duty to add that such leniency should not be at the cost of the health of the school children. This is a matter where for over a period of 15 months no action was taken against the petitioner, though during this period the petitioner was pointed out the repeated lapses in its catering service. After about 23 students reported worms in the meals or when students had to go hungry because the meals supplied were inedible, the Corporation should have acted with promptitude," the judges underscored.

Therefore, in such matters, the bench said, the civic authorities, responsible for overseeing the Mid-Day Meal Scheme, must be vigilant to ensure the children get good quality food.

"In such matters, the Corporation must be vigilant, considering the object of the mid day meals scheme and the target beneficiaries. The Corporation must conduct frequent and surprise checks so the the students from the marginalised sections do not suffer in silence and pain. When high officials or dignitaries come to schools with prior announcement and fanfare, the quality of the meal, no doubt surges upwards," the bench underlined, while upholding the termination.

The petitioners had petitioned the bench challenging the May 14, 2024 order passed by the MBMC terminating the contract of the petitioner by virtue of which it provided cooked meals to children of 12 schools in Mira-Bhayander, the twin cities in Thane district.

The MBMC pointed out that from January 2023 till the termination of the contract in May 2024, the corporation had been issuing warnings to the petitioner upon finding that it was providing substandard food to children due to which some children fell ill. However, the petitioners argued that their contract was cancelled without following the principles of natural justice. The judges, however, found from the record that ample opportunities were granted to the petitioners to improve but there was no improvement as such. 

Therefore, the judges upheld the termination of the contract.

Appearance:

Advocates PM Mokashi and Aniket P Mokashi appeared for the Petitioner.

Advocate Narayan Bubna represented the MBMC.

Case Details: Om Shakti Mahila Seva Sahakari Sanstha Maryadit vs Mira-Bhayander Municipal Corporation (WP/8318/2024)

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