1 SB Civil Writ Petition No.285/2007 Darshan Singh & Ors. vs. State of Rajasthan & Ors. S.B. Civil Writ Petition No.285/2007 Darshan Singh and others. vs. State of Rajasthan and others. Date : 3.7.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.SN Trivedi, for the petitioners. Mr.KK Bissa ) for the respondents. Mr.Hemant Choudhary ) - - - - - Heard learned counsel for the parties. In public interest petition no.196/2001, the Hon'ble Apex Court passed an order on 28.11.2001 by which directions were given to the State Governments/Union Territories schools to implement the mid-day-meal scheme and further directed the Union of India and FCI to ensure provision of fair average quality grain for the scheme. The States/ Union Territories and FCI were directed to do joint inspection of food grains and if found not 2 SB Civil Writ Petition No.285/2007 Darshan Singh & Ors. vs. State of Rajasthan & Ors. to be of fair average quality, it will be replaced by the FCI prior to lifting. Following the directions issued by the Hon'ble Apex Court referred above, the Rural Development and Panchayati Raj Department, Government of Rajasthan, Jaipur issued directions to all the District Collectors and Zila Parishads through out the State vide its letter dated 3.5.2002. In the letter dated 3.5.2002, it is specifically mentioned that for the schools established in the rural areas, the responsibility to provide cooked food shall be of Gram Panchayat and its executive agency and in the urban areas, the responsibility shall be of Local Bodies or District Collector. It is also made clear in the letter dated 3.5.2002 that the teachers shall be free from cooking and distribution in order to do the teaching job only. Again on 10.3.2006, the District Collector, Sri Ganganagar issued letter and in some and substance, reiterated what has been stated in the letter dated 3.5.2002. Thereafter, again on 20.5.2006, it has been made clear by the District Collector that the responsibility to provide cooked food shall be of Gram Panchayat in rural 3 SB Civil Writ Petition No.285/2007 Darshan Singh & Ors. vs. State of Rajasthan & Ors. areas and local bodies in the urban areas. The same instructions were issued by the Zila Parishad, Sri Ganganagar on 29.4.2006. However, the contention of the petitioners is that by letter dated 3.7.2006 (Annex.7) issued by the Vikas Adhikari, Panchayat Samiti, Sri Ganganagar, responsibility has been fixed upon the teachers for preparation of the food and its distribution in the school. The grievance of the petitioners is that the teachers cannot be assigned the work of cooking of the food and its distribution as it will hamper teaching to the students by the teachers. Reply has been filed by the State and it has been submitted that letter Annex.7 nowhere says so as stated by the petitioners and it is none of the job of the teachers to cook the food in the mid- day-meal scheme nor it is their duty to distribute the food. It is submitted that letter Annex.7 was issued conveying the fixing of amount for food and the mid-day-meal scheme. In the reply, it has been very specifically stated that there is no responsibility or duty of the teachers to cook 4 SB Civil Writ Petition No.285/2007 Darshan Singh & Ors. vs. State of Rajasthan & Ors. food or distribute it in the school. After going through the letter Annex.7, this Court is of the view that letter Annex.7 nowhere cast a duty on the teachers to cook or distribute the food in the mid-day-meal scheme. Letter Annex.7 only says that the administrative functions like expenditure incurred and storing of food articles will be kept at school level. Letter Annex.7 nowhere deals with more than that so far as the schools are concerned. Letter Annex.7 very specifically says that for cooking the food in the mid-day-meal scheme, it will be done by the Gram Panchayat/ladies and helping girls to whom work is allotted on the fixed amount referred in letter Annex.7. The contention of the petitioners appears to be having no basis because of the plain and simple reason that neither Annex.7 has assigned duty upon the teachers to cook nor distribute the food and if there was any apprehension, then that apprehension does not survive in view of the detail reply submitted by the respondents making it clear that it shall not be the responsibility 5 SB Civil Writ Petition No.285/2007 Darshan Singh & Ors. vs. State of Rajasthan & Ors. and duty of the teachers to cook and distribute the food. Consequently, this writ petition is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya