Telangana High Court

WP/39349/2012 of Durga Bhavani Swayam Sahayaka Sangham Vs The Government of Andhra Pradesh, on 28 December 2012

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SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.39349 of 2012 ORDER: The petitioner is a self-help group. It was functioning at Hemachandrapuram Village, Kothagudem Mandal, Khammam District. It was identified as an agency to cook and supply mid-day meals to the students of Zilla Parishad

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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ORDER:

Writ Petition No.39349 of 2012

The petitioner is a self-help group. It was functioning atHemachandrapuram Village, Kothagudem Mandal, KhammamDistrict. It was identified as an agency to cook and supply mid-daymeals to the students of Zilla Parishad High School of that village. Through order, dated 15.07.2010, the District Educational Officer,Khammam, the 3[rd] respondent herein, appointed the 6[th] respondent as an agency tocook and supply mid meals for the children of the same school, on thebasis of the directions issued by the District Collector, Khammam, the 2[nd] respondent. The petitioner challenges the same.

The contention advanced on behalf the petitioner is that the 3[rd] respondent himself issued a circular dated 08.01.2010, directingthat the existing agencies to cook and supply the mid-day mealsshould not be changed. It is pleaded that the 3[rd] respondent actedcontrary to the circular issued by him.

Heard Sri L.V.S.Nagaraju, learned counsel for the petitioner,and learned Government Pleader for School Education.

A facility to prevent malnutrition in supplying the food to thepoorer sections of the society has turned out to a profiteering activity. There is clear competition among various agencies to undertake thecontract of cooking and supplying the mid-day meals to the childrenstudying in Government and aided schools. The petitioner no doubtwas appointed as an agency in respect of Zilla Parishad School atHemachandrapuram. However, the period for which it has been appointed is not mentioned.

It was about 2½ years ago that the 6[th] respondent came to beappointed as an agency in the place of the petitioner.

The ground pleaded by the petitioner is based upon a circular,dated 08.01.2010. A perusal of the circular discloses that a directionwas issued to the Tahasildar and the MPDOs not to change theexisting implementing agencies. That in turn was on the basis ofobservation made by the District Collector. It cannot be given thestatus of a rule or peremptory direction. At any rate, the 6[th] respondentis functioning for the past 2½ years. The petitioner approached thisCourt at a very belated stage.

The writ petition is accordingly dismissed. It is, however, madeclear that if any amounts are due to the petitioner, the respondentsshall settle the accounts within a period of two months from the date ofsubmission of the representation.

The miscellaneous petition filed in this writ petition shall standdisposed of. There shall be no order as to costs.

Dated:28.12.2012

____________________

L.NARASIMHA REDDY, J.

GJ

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

Writ Petition No.39349 of 2012

Date:28.12.2012

GJ

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