Persons Supplying ‘Rotten Chana’ In Mid Day Meals Can’t Be Permitted To Supply Food Items Under PM-POSHAN Scheme: Delhi High Court

The Delhi High Court has said that the persons indulging in supply of rotten chana in mid day meals given in government-aided schools cannot be permitted to continue to supply food items under the PM-POSHAN scheme.

Justice Subramonium Prasad observed that such incidents bring “bad name” to a noble cause that has been initiated by the Union Government which is to encourage children to attend schools.

The scheme was launched by the Union Government to provide one hot cooked meal in Government and Government-aided schools from the years 2021-22 to 2025-26.

The court was dealing with a plea moved by Secretary of Food and Beverage Foundation Society challenging an order passed on February 14 by Delhi Government’s Directorate of Education debarring it from supplying mid day meals under the scheme in question, with immediate effect, in government schools of the national capital.

The allegations against the society were that in the public hearings conducted under the scheme, it came to light that the dry ration kits which were being supplied to one of the government schools on August 30 last year had vanaspati or dalda in them in place of refined oil, along with packets of rotten Chana.

On being dissatisfied by the society’s reply, the Directorate of Education debarred it from supplying mid-day meals to any school under the Delhi government.

Perusing the report submitted by the Chief Consultant of PM POSHAN under the Union Ministry of Education, the court said that the same showed that the public hearings were conducted in a “transparent and unbiased manner.”

“Whilst actions undertaken involve due impact on public good concerning the health and wellbeing of children, highest care ought to be taken in ensuring the effective discharge of duties. The interpretation of ‘oil and fat’ to include under its ambit products like vanaspati/Dalda are not justified by any stretch of imagination; due attention must have been paid by the petitioner Society as an NGO engaged under PM POSHAN, which ought to have been well conversant with the food norms of the scheme,” the court said.

Noting that the seriousness of the allegations against the society and its impact on children who are the future of the country cannot be overlooked, Justice Prasad said that it was the NGO’s duty to ensure that nutritious meal is provided to the children for their development.

“Supply of rotten chana or vanaspati and dalda cannot be condoned and persons who indulged in such activities cannot be permitted to continue to supply food items under PM-POSHAN Scheme. In fact it is incidents like these which brings bad name to a noble cause that has been initiated by the Government to encourage children to attend schools,” the court said.

The court said that since the impugned order of debarment did not specify any time limit, the authorities will fix a timeline for which the society shall be debarred from supplying the mid day meal.

Title: SECRETARY, FOOD AND BEVERAGE FOUNDATION SOCIETY REGD. v. DIRECTORATE OF EDUCATION, GOVT. OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 628

Click Here To Read Order