Kerala High Court Sets Deadline For State To Clear Rs. 54 Crore Due To Schools Under Noon Meal Scheme

The Kerala High Court on Tuesday issued specific directions to the State to ensure that the pending amount of Rs. 54 Crores proposed to be released by it as arrears of payments to government and aided schools under the 'Noon-Meal Scheme', shall be made available to the schools by October 5, 2023. 

The Single Judge Bench of Justice T.R. Ravi observed that although the State Government had undertaken to release the arrears of payments soon, in light of the issues between the Centre and the State with respect to the funds having been resolved, it was not fully done, and only an amount of Rs. 10,02,55,650 had been released as arrears for the months of June, July, and 10 days of August. 

The Court thereby directed the Government Pleader to ensure that transfer of Rs. 54 Crores that was proposed to be released by the Government would be completed by Thursday. It further directed the Government Pleader to get specific instructions as to whether the said amount is sufficient to meet the total amount required for payment under the Scheme till the end of the academic year. The Court asked for the proposed measure by which the amount could be raised if the aforementioned amount of Rs. 54 Crores was not found to be sufficient. 

"Whether the petitioners should be burdened with making payments for such amounts which clearly are not their liabilities will be decided on the basis of submission of the above aspect," the Court added in this regard. 

The Court issued the above directions while considering a plea by the Kerala Pradesh School Teachers' Association and the Headmasters of certain government and aided schools in the State alleging untimely and inadequate disbursal of funds under the Noon-Meal scheme.

The Scheme was introduced by the Government for students upto Grade VIII in Government and Aided Schools in the State.

The funds for the Scheme are allocated by the Centre and the State. The Centre pays its contribution to the State in two instalments every year. As per news reports, the State alleged that the Centre had delayed its disbursal for the first instalment, as a result of which the funds for the Scheme had depleted.

The petitioners approached the High Court on being aggrieved that the fund allotted under the scheme was not sufficient to meet even 50% of the actual cost, and that the Headmasters often had to meet the expenses for the scheme from their salaries, and from borrowed funds. It was also submitted that even the allocated funds were often not disbursed on time. 

The petitioners averred in their plea that most Head Masters had even taken out heavy personal loans to run the scheme and that they were also not in a position to stop the scheme, lest they be subjected to disciplinary action. The plea added that the Government had no authority to compel the Head Masters to pay from their pockets to run the scheme and that the State should either meet the entire expenses for the scheme and pay the same in advance or stop the same altogether.

"Get specific instructions (in the matter), else I will have to pass some orders so as not to affect others. You need not do charity at somebody else’s cost," the Court remarked during the hearing today.

The matter has been posted for further consideration on October 05, 2023. 

The plea has been moved through Advocates Tony George Kannanthanam, Thomas George, and Alex George.

Case Title: Kerala Pradesh School Teachers' Association & Ors. v. State of Kerala & Anr.

Case Number: W.P.(C) 29565/ 2023