HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.Nos.21734 & 23315 of 2011 COMMON ORDER: Both the writ petitions arise out of the same cause viz., appointment of mid-day meal agency for distribution of meal to the students in Zilla Praja Parishad School, Torrur, Torru Mandal, Warangal District. 2. The petitioners 1 to 3 in W.P.No.21713 of 2011 are the members of Adarsha Mahila Group, Sri Vani Mahila Group and Sai Baba Mahila Group, respectively (in short ‘Adarsha Group’). The petitioner in W.P.No.23315 of 2011 is Surya Mahila Podupu Sangam, Thorrur (in short ‘Surya Group’). 3. Adarsha Group was engaged as the implementing agencies for the academic years 2009-2010 and 2010-2011 and on the expiry of the tenure of the assignment, they made a representation for re-engaging them for the academic year 2011-2012. As the said representation was not considered, and steps were taken to appoint others, they have approached this Court seeking Mandamus to declare the action of the respondents in not continuing them as the mid-day meal agencies for the academic year 2011-2012 as illegal and arbitrary. 4. While so, the Surya Group filed the writ petition seeking a Mandamus declaring the action of the 6th respondent, Deputy Commissioner of Labour, Warangal District, in passing orders vide letter bearing No.B1/890/2011, directing the respondents 1 to 5 therein viz., Mandal Parishad Development Office, Thorrur Mandal, Tahsildar, Thorrur Mandal, Mandal Education Officer, Thorrur Mandal, Head Master, ZPPSS, Thorrur Mandal, and Sarpanch, Thorrur Grampanchayat, to continue the services of the respondents 8 to 16 who are the members of Adarsha Group as illegal and arbitrary. 5. It is the case of the Surya Group that a meeting was convened on 28-07-2011 by the Tahsildar for the purpose of selecting the agency for the academic year 2011-2012 and in the said meeting it was resolved to appoint it as implementing agency subject to the condition that the dues payable to Adarsha Group are to be paid within a period of three months and if the said dues are not so paid, the agency would be restored to Adarsha Group. According to the Surya Group, it has already been appointed by the said resolution and therefore, the Adarsha Group is not entitled to continue. 6. I heard the learned counsel for the petitioners, the learned Government Pleaders for Revenue, Education and Labour, respectively, and also the learned counsel for the respondents 7 to 16. 7. Even though a resolution was passed on 28-07-2011, in which both the groups are said to have participated, the Adarsha Group disputes the same. It is their specific case that they had not been terminated and that as per the orders of the Deputy Commissioner of Labour, dated 08-08-2011, they are entitled to be continued. 8. On the other hand, the Surya Group while disputing the same would contend that Adarsha Group is not entitled for agency as a matter of right. According to them, there are specific guidelines issued in G.O.Ms.No.94, dated 25-11-2002 regulating the appointment of agencies. Therefore, they contend that the authorities are bound to follow the procedure which, in the instant case, had not been properly followed. 9. In order to verify whether the Adarsha Group had, in fact, participated in the meeting convened on 28-07-2011, this Court by its orders dated 08-09-2011, directed the official respondents to produce the original record. In spite of the said directions, the concerned records have not been produced. 10. Be that as it may, from the rival contentions and the material placed, it is evident that the procedure as contemplated under the G.O.Ms.No.94, Education (Se-Prog-1) Department, dated 25-11-2002, has not been followed. 11. In view of the same, both the learned counsel submit that the matter be remanded for reconsideration with a direction to the Tahsildar, Torrur Mandal, to reconsider the matter in accordance with the procedure laid down in G.O.Ms.No.94, dated 25-112002. 12. In the light of the said submission, without going into the controversy whether the orders dated 28-07-2011 are legally passed, I deem it appropriate to dispose of both the writ petitions directing the Tahsildar, Torrur Mandal, to reconsider the matter and appoint the agency by following the due procedure under G.O.Ms.No.94, dated 25- 11-2002. The said exercise shall be made after due notice to both the Groups, within a period of four weeks from the date of receipt of a copy of this order. Until then, the status quo as on today shall be continued. 13. With the aforesaid directions, both the writ petitions are disposed of. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 23-09-2011 Kvr