THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No. 11298 of 2009 ORDER: This writ petition has been instituted seeking for a writ of mandamus for declaring the action of the respondents 4 to 7 in seeking to discontinue the agencies of the writ petitioners for providing mid day meal to the school children as bad in law. The State Government has announced its policy decision through G.O. Ms. No. 94, dated 25.11.2002 for implementing the mid day meal programme for school children of Class I to VII in all the Government and aided primary and upper primary schools in the State. In terms of this programme, hot cooked food is required to be served comprising of 300 calories and 8 to 12 gms of protein every day per child. For implementing this programme, the Stage Government has accorded administrative sanction for an amount of Rs. 69.93 crores at the rate of RS.1.25 per child per day towards meeting the costs and preparation of food (Rs.1/- ) and infrastructure grant in aid (Rs.0.25 ps). For effective implementation of the scheme, certain guidelines have also been framed and enclosed them as an annexure. Guideline No.5 dealt with the selection of the Implementation Agency. In rural areas DWCRA/Self Help Groups or NGOs of proven track record, Charitable trusts or Group of Parents are required to be identified by the local Mandal Revenue Officer as the Implementing Agency. The Implementing Agency shall be responsible to lift rice from the fair price shops as per allotment orders issued by Mandal Revenue Officer and purchase the other ingredients required for preparation of good quality food. They have to procure the cooking vessels and arrange for cooking of food by its members and then supply the cooked food to the children. The Implementing Agency would be required to main prescribed registers like cashbook, stock register and issue register. They are required to furnish monthly reports on implementation of Mid-Day Meal in the school to Mandal Resource persons for its onward transmission to Mandal Committee. The Implementing Agency will be released certain funds by the State for undertaking this work. Therefore, the Implementation Agency also has got certain responsibilities to be discharged. For the purpose of ensuring that there would be certain quality, the Department of School Education shall organize inspection of food being supplied through officials of Food and Nutrition Board, Government of India, Home Science College, Municipal Health Officers, Food Inspectors of Civil Supplies Department or any other specialized agency in the field of food and nutrition. Should a complaint emanate about the improper quantity or quality in the services as well as lack of hygiene in preparation of food, it would be the school children that will adversely impacted, apart from resulting in a financial drain to the State. Therefore, so long as the Implementing Agency continues to perform its functions diligently and properly, no further action is needed or called for to replace them. However, should there be a complaint against the Implementing Agency with regard to quality or quantity or lack of hygiene in the matter of preparation and supply of the cooked food to the school children, the Mandal Revenue Officer is entitled to put such an Implementing Agency on notice, consider the explanation offered and pass appropriate orders thereon. Therefore, the writ petitioners prayer cannot be granted straightaway, except observing that the Mandal Revenue Officer will follow the procedure referred to supra in case of necessity of replacing them. The writ petition therefore stands disposed of. No costs. -------------------------------- Nooty Ramamohana Rao, J knk 6th July 2010