HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 28867 of 2008 DATED: 07.09.2009 Between: P. Saradha and others .. Petitioners And The District Educational Officer, The Revenue Divisional Officer The Two-Men Committee and others .. Respondents O R D E R:- The petitioners assert that the 3rd respondent-Two Men Committee, vide proceedings dated 12.12.2008, while modifying the existing Implementing Agencies for Mid-day Meal Scheme in Primary, Upper Primary and High Schools, identified the petitioners and others as new Implementing Agencies and appointed them as Implementing Agencies to prepare Mid-Day Meals as per the norms and serve the meals to the children. However, it is the grievance of the petitioners that the 2nd respondent-Revenue Divisional Officer, without issuing any notice, has issued the impugned proceedings dated 23.12.2008, cancelling their appointment as Implementing Agencies on the ground that in the appointment, the guidelines framed for selection of new Implementing Agencies was not followed and the identification was not done under his supervision. By virtue of the orders dated 01.04.2009 passed by this Court in W.P.M.P. No. 2042 of 2009, respondent Nos.4 to 9, who are to be affected if any order is to be passed in the writ petition, were impleaded as party respondents. The 2nd respondent filed detailed counter affidavit stating that the procedure relating to selection of Implementing Agencies for mid- day meals as contained in Condition No. 6 of the guidelines, annexed to G.O. Ms. No. 94, Education (SE-Prog-1) Department, dated 25.11.2002, has not been followed. No advance notice was issued by the Mandal Educational Officer, Kurnool, to the existing Implementing Agencies (old), indicating about their alleged improper functioning, and the cause for their removal as Implementing Agencies of mid-day meals, is not mentioned in the orders dated 12.12.2008, issued by the Committee of Tahsildar and Mandal Education Officer, Kurnool. In view of the above, the orders issued by the two-men Committee consisting of the Tahsildar and the Mandal Educational Officer, Kurnool, modifying the list of Implementing Agencies for Mid-day Meal Scheme in primary, upper primary and high schools by identifying and appointing the petitioners as new Implementing Agencies, were cancelled by the 2nd respondent. Heard the learned counsel for the petitioners and the learned Government Pleader for Education appearing for the 1st respondent and the learned Government Pleader for Revenue appearing for respondent Nos.2 and 3 and perused the material placed on record. From the averments of the counter affidavit, it is clear that the 3rd respondent-Two Men Committee, without following the procedure prescribed for selection of implementing Agencies for mid-day meals as contained in Condition No.6 of the guidelines annexed to G.O. Ms. No.94, dated 25.11.2002, issued proceedings dated 12.12.2008 modifying the list of existing Implementing Agencies and appointed the petitioners as Mid-day meals Implementing Agencies to prepare and serve mid-may meals to the children. Since the two-men Committee, had modified the existing list of Implementing Agencies, without following the procedure contained in Condition No.6 of the guidelines annexed to G.O. Ms. No.94, dated 25.11.2002, and issued proceedings dated 12.12.2008, respondent No.2 having found such selection to be bad and in violation of the guidelines and principles of natural justice, issued the impugned proceedings dated 23.12.2008, and no interference is called for therewith. Hence, the writ petition is dismissed. However, liberty is granted to the 3rd respondent to modify the existing list of Implementing Agencies, if he so chooses, by following the procedure contained in Condition No.6 of the guidelines annexed to G.O. Ms. No.94, dated 25.11.2002. No costs. ______________ N.V.RAMANA, J 7th September, 2009 bcj