Telangana High Court
WP/5842/2024 of V. Hanumandlu Vs The State of Telangana on 31 December 2024
HIGH COURT fOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION NO: 5842 OF 2024 Between: '1. V. Hanumandlu, S/o. Gangaram, Aged about 47
II
1321e 1
IN THE HIGH COURT fOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
WRIT PETITION NO: 5842 OF 2024
Between:
'1. V. Hanumandlu, S/o. Gangaram, Aged about 47 yea's, Occ. Cook-Cum-Midday Meal Agency, Ryo. H. No.3-3-586/1, Sainagar, Gayatrinagar, Nizamabad,Telangana State.day Meal Agency, Ryo. H. No.3-3-586/1, Sainagar, Gayatrinagar, Nizamabad,Telangana State.
2. Vadla Ramesh Kumar, S/o. Late Vadla Gangaram, Aged about 35 years, Occ. Cook-Cum-Mid Day Meal Agency, R/o. H.No.3-3-586/1, Sainagar,Gayatrinagar, Nizamabad, Telangana State.. Cook-Cum-Mid Day Meal Agency, R/o. H.No.3-3-586/1, Sainagar,Gayatrinagar, Nizamabad, Telangana State.
...PETITIONERS
AND
1The State of Telangana, Rep. by its Principal Secretary, EducationDepartment, Secretariat, Telangana State.Department, Secretariat, Telangana State.
2The Commissioner of Civil Supplies, Civil Supplies Bhavan,3rd Floor, 6-3-655/1/A, Punjagutta Road, Somajiguda, Hyderabad, Telangana - 500082.655/1/A, Punjagutta Road, Somajiguda, Hyderabad, Telangana - 500082.3Director of School Education, Hyderabad, Telangana State.
4District Manager Civil Supplies, TSCSCL (Telangana State Civil SuppliesCorporation Limited), Nizamabad, Telangana.Corporation Limited), Nizamabad, Telangana.
5. The District Education Officer, Nizamabad Dist., Telangana.
6. Tahasildar, Nizamababad South Mandal, Nizamabad District, Telangana.
7. The Head Master, Girls High School, Kasab Gal.li, Nizamabad Dist.,Telangana.Telangana.
B. The Head Master, SNVP [(Sri ]Nuthana Vyshya Pathashala) High School,Nizamabad Dist-, Telangana-Nizamabad Dist-, Telangana-
...RESPONDENTS
Petition under Article 226 oI the Constitution of lndia [praying ]that in thecircumstances stated in the a{fidavit filed therewith, the High Court may bepleased to issue appropriate orders more particularly one in the nature of Writ ofMandamus directing the Respondent No.4 to supply and handover ttrc rice underMid Day Meal Scheme to the Petitioners Agency as [per ]the G.O.Ms.No.94 dated 2511112002 and pass necessary order or orders as deem fit and proper in thecire umstances of the case and in the interest of [justice.]
lA NO: ['f ]OF 2024
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased todirect the 4th Respondent not to deliver the rice under the Mid Day Meal Schemeto the 7th and Bth Respondent, which is against the G.O. Ms. No.94, dated25t11t2002.
Counsel for the Petitioner : SRI M.VIJAYA KUMAR GOUD
Counsel for the Respondents No.1,3,5,7&8: GP FOR EDUCATION
Counsel for the Respondents No.2,4&6 : GP FOR CIVIL SUPPILESThe Court made the following: ORDER
THE HO}IOUREBLE SMT JUSTICE T.MN)HAVI DEVIW.P.NO. 5442 0F 20.24
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ORDER:
In this writ petition, the petitioner is seeking a \ rrit ofmandamus to direct the respondent No.4 to supply andhandover the rice under Mid Day Meal Scheme to thePetitioners' Agency as per the G.O.Ms.No.94, dated 25.11.2OO2and to pass such other order or orders in the interest ofjustice.
2. Brief facts leading to the filing of the present writpetition are tlat petitioners are working as the Mid Day MealAgency for the purpose of cooking and serving *re Mid DayMeals to the students of the respondents No,7 and 8 schools asper the scheme under G.O.Ms.No.94, dated 25.11.2OO2.According to the petitioners, the responsibility of lifting the ricefrom fair price shops is on the implementing agency under theG.O.Ms.No.94, dated 25. Il.2OO2. However, the respondent No.4was delivering the rice to the headmasters of respondents No.7and 8 schools and it has become difficult for the [petitioners ]totake the rice daily frorn the respective headmasters and cleanthe rice and prepare the food as [per ]the schedule timings. Thepetitioners, therefore, have made a representation on
09. O1.2O24 to the respondent No.2 and on receipt of the same,the respondent No.2 has issued instructions to the DeputyCommissioner on l9.Ol.2O24 to hand over tlte mid day mealsrice to the agency with immediate effect, but, in spite of the saidorders, both the respondents delivering the rice to the custodyof the headmasters of tJle respondents No.7 and 8 schools onlyand therefore, it is in violation of the guidelines issued by theGovernment vide G.O.Ms.No.94, dated 25.11.2OO2 and hence,the present writ petition has been filed.
3. l,earned counsel for the petitioners therefore reliedupon the guidelines issued under G.O.Ms.No.94, dated25.1l.2OO2 and also the directions issued by the Commissionerof Civil Supplies Department, Hyderabad, daLed l9.Ol .2024,that the mid day meals rice has to be delivered at the schoolpoint instead of fair price shops through State II contractorsseparate$ to avoid complaints pertaining to quality and underweighment. It is submitted that the directions [."vere ]to supplythe rice at the school point to the agency and not to theheadmasters of the schools
4. karned counsel for the respondents No.4 and 5have filed their respective counter affidavits and submitted that the Cornmissioner [of ][Civil ][Supplies, ][Hyderabad, ][has ][informed]that with an idea [of making ][a ][distribution ][and consumption ][of]Sannabiyyam to sctrcols/ [hostels more ][transparent, ][accountable]and responsible, [tJre ][rice ][was ][directed ][to ][be ][distributed ][at ][the]school point and [the ][school ][headmaster ][shall ][certiry ][after]cooking that the [rice ][delivered ][is sannabtryam']
5. In the counter [affidavit ][hled ][by ][the ][respondent]No.S, it is stated that [since ][2015, ][the ][State Government ][has]been supplying [super ][fine ][fortihed ][rice ][directly ][to ][the ][school]the [MLS ][point ][to ][avoid complaints ][and ][besides]point through supply of rice, the [implementing ][agencies are being ][paid cooking]costs for all the [working ][days ][in ][the ][academic ][year ][It ][is ][further]stated that the [schools ][were ][required ][to ][be ][registered ][and]enrolled in the [e-Pos ][system ][and instructions ][were given ][to ][the]headmasters to [form ][a ][student's ][committee ][and ][the ][committee]has to weigh the [rice ][daily ][before ][giving ][it ][to ][the ][agencies ][as ][per]requirement and [record ][the ][same ][in ][the ][issue registers ][and ][the]headmasters were also [instructed ][that ][they ][will ][be ][held]responsible, if any [rice ][difference ][is ][found ][between ][the ][rice]stock register and [stock ][available ][with ][headmaster ][during ][the]visits of the oflicials [and ][civil ][supplies ][department ][or ][any ][other]
oflicials and hence lifting of the rice by the implementing agencydoes not arise. It is further submitted that as per theG.O.Ms.No.94, dated 25.ll.2OO2, the implementing agencywould be responsible for the purchase of other material like dal,vegetables, oil sambar powder and fire wood etc., from theDWCRA group/Gruha Mitra/local market etc., from out of thefunds released to them and maintain records of all purchasesand that the practice of delivering rice to the headmasters, whoare the custodians to store the rice safely, has been followcd forseveral years. Therefore, it was prayed for the dismissal of rhewrit petition.
6. Having regard to the rival contentions and thematerial on record, this Court finds that G.O.Ms.No.94, dateci25.11.2002, only provides that the mid day meal rice shall bcprovided at the school point and that it shall be supplied to thcimplementing agency. However, there is no prohibition that theheadmastcrs of the schools shall be the custodians of such rict.and that they shall issue tJle rice to the implementing agencics.This Court does not find any prejudice being caused to thepetitioners by supplying the rice to the headmasters of theconcerned schools. However, if there is any delay being caused in the issuance of rice by the headmasters of the concernedschools, t.Ile headrnasters are directed to issue the rice withintime to enable the implementing agency to supply the cookedmeal within the scheduled time.
7 . Accordingly, this writ petition is disposed of. Thereshall be no order as to costs.shall be no order as to costs.
8. Miscellaneous petitions, if aoy, pending in thiswrit petition, shall stand closed.
SD/.N. SHARIASSISTANT REGI[TRAR]//TRUE COPY//SECTION OFFICER
To,1. The Principal Secretary, [Education Department, State of ][Telangana']Secretariat, Telangana [State.]1. The Principal Secretary, [Education Department, State of ][Telangana']Secretariat, Telangana [State.]
2. - The odilrn, Fiin:rsrttinord, Commissioner [of Civil Supplies, Civil ]Somajiguda, Hvdiriabad, [Supplies ][Bhavan, 3rd ]Telangana - 500082[Fbol' ][Q--3-]
3. The Director [of School ][Education, ][Hyderabad, Telangana State']
4'TheDistrictManagercivilSupplies.TSCSCL(TelanganaStateCivilSuppliesCorporation Limited), [Nizamabad, Telangana']Corporation Limited), [Nizamabad, Telangana']
5. The District Education [Officer, ][Nizamabad ][Dist', ][Telangana']
6. The Tahasildar, [Nizamababad South ][Mandal' ][Nizamabad ][DiStrlct, ][Telangana.]
7. The Head Master, [Girls High ][School, ][Kasab ][Galli, ][Nizamabad Dist-']Telangana-Telangana-
8. The Head Master, [SNVP ][(Sri ][Nuthana ][Vyshya ][Pathashala) High ][School']Nizamabad Dist., [Telangana.]Nizamabad Dist., [Telangana.]
9 One CC to SRI M.VIJAYA [KUMAR GOUD, ][Advocate ][[OPUC]]
10. Two CCs to GP FOREDUCATION, [High Court for the State of ][Telangana']lourllourl 'l 1.Two CCs to GP FOR CIVIL SUPPLIES, High Court [for ]the [State ][of]Telangana. {OUTITelangana. {OUTI
'l 2. Two CD Copies.
BSKGJP (r
HIGH COURT
DATED:31 11212024
ORDER
WP.No.5842 ot 2024
1Hts [ST4 ]IeU.^rrloo 3 i,1il 2025 !r',,.),.i+\*=->
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS(+-170'l>\-ft Itc-4"-5