WP/22113/2004 of Sri Mahalakshmi Mahila Podupu Sangam, Vs The Commissioner on 29 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE N.V. RAMANA

W.P. Nos. 21623, 22113, 22114, 22115,

22116, 22117, 22118, 22119, 22120,

22269, 22495, 22940 and 22954 of 2004

W.P.NO.21623 OF 2004

Between:

Ananthapur Milk Producer Sellers Association, Ananthapur, rep.

by Chinnapa Reddy Sanjeeva Reddy,

S/o Govinda Reddy, aged 50 years, R/o 12-2-495, Ashoknagar, Ananthapur.

AND

1 The Commissioner, Ananthapur Municipality, Ananthapur.

2 The Joint Collector, Ananthapur.

3 Smt. D. Nagamma,

Naik Nagar, Ananthapur.

4 Smt. Ramakrishnamma,

Near Anjaneya Swamy Temple, Obuladevanagar, Ananthapur.

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased to issue anappropriate writ, order or direction mostly one which is in the nature of a Writ of Mandamusdeclaring Proceedings Roc.No. 16015/02-C4, Dated 17-11-2004 of the 1st respondent in so far as the petitioner is concerned as illegal, arbitrary, in violation of the Principles of naturaljustice, unconstitutional, unjustified and unsustainable and consequently set aside the samein so far as petitioner is concerned holding that the Petitioner is entitled to continue as theimplementing agency for Mid Day Meal Scheme of Sri Krishna Devaraya Upper PrimarySchool, DPEP School, Naik Nagar, Aravindagosh Elementary School of Anantapur Town.

Counsel for the Petitioner: MR.P.VEERA REDDY

Counsel for the Respondent Nos.3 and 4: Mr. K.V. Subba Reddy

WRIT PETITION NO: 22113 of 2004

Between:

Sri Mahalakshmi Mahila Podupu Sangam, rep by B. Ganga Devi, W/o. B. Rajagopa, Resident of D.NO. 6-3-497, Ramnagar Railway gate, Anantapur

AND

... PETITIONER

1 The Commissioner Anantapur Municipality Anantapur.

2 The Joint Collector, Anantapur.

3 S. Narasamma, C/o. Jhansi Lakshmi Bai Elementary School, DPEP Maruthi Nagar, Anantapur.

4 M.V. Lakshmi, C/o. Mother Theresa Elementary School DPEP

Maruthi Nagar, Mangalavari Colony, Anantapur.

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue writ of mandamus or any other appropriate writ or direction declaring theproceedings Roc No. 15015/02-04 dated 17-11-2004 of the 1st respondent as illegalarbitrary, in violation of principles of natural justice unconstitutional unjustified andunsustainable and consequently set aside the same in so far as petitioner isconcerned holding that the petitioner is entitled to continue as the implementingagency for Mid Day Meal Scheme of Jhansi Lakshmi Bai School, Mother TheresaElementary School, DPEP Maruthi Nagar, Anantapur.

Counsel for the Respondent Nos.3 and 4: Mr. K.V. Subba Reddy

WRIT PETITION NO: 22114 of 2004

Between:

P.Govindu S/o. P.Subbana

D.No.1-3-996, Somanatha Nagar, Anantapur.

AND

... PETITIONER

1 The Commissioner Anantapur Municipality Anantapur.

2 The Joint Collector, Anantapur.

3 Smt.Rasheeda Bee C/o.Indira Gandhi Elementary School Indira Gandhi Nagar, Anantapur.

4 Padmavathi C/o.NTR Elementary School, Anantapur.

5 K.Narayanamma C/o.Bharathi CSA (A) Elementary School Moraji Old town, Anantapur.

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue writ of mandamus or any other appropriate writ or direction declaring theproceedings Roc No.15015/2002-2004 dated 17.11.2004 of the 1st respondent asillegal arbitrary, in violation of principles of natural justice unconstitutional unjustifiedand unsustainable and consequently set aside the same in so far as petitioner isconcerned holding that the petitioner is entitled to continue as the implementingagency for Mid Day Meal Scheme of Indira Gandhi Elementary School, VivekanadaElementary School, NTR Elementary School and Bharati CSI (A) Old Town MorarjiAnantapur.

Counsel for the Respondent No. 3: Mr. K.V. Subba Reddy

WRIT PETITION NO: 22115 of 2004

Between:

M/s Indira Priyadarshini Neighbourhood Committee, rep. by Smt. J. Nagarathnamma W/o J. Govindu,

AND

... PETITIONER

1 The Commissisoner, Anantapur Municipality, Anantapur.

2 The Joint Collector, Anantapur.

3 Smt. Reddamma, C/o Vidyaranya High School (E & T Medium)

Anantapur.

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue Writ of Mandamus or any other appropriate Writ or direction declaring theproceedings Rc.No. 16015/02-04 dated 17-11-2004 of the 1st respondent as illegalarbitrary, in violation of principles of natural justice unconstitutional unjustified andunsustainable and consequenlty set aside the same in so far as petitioner isconcerned holding that the petitioner is entitled to continue as the implementingagency for Mid Day Meal Scheme of Bharatmata Elementary School, VidyaranyaHigh School ( E&T) and Azad urdu Elementary School, Anantapur.

Counsel for the Respondent No.3: Mr. K.V. Subba Reddy

WRIT PETITION NO: 22116 of 2004

Between:

M/s. Sri Lakshmi Mahila Podupu Sangham Padmavathi Neighbourhood Committee Rep. by D. Rama Devi W/o. D. Rambabu, occ: Business, aged e32 Years, D.No.13-2- 896, Srinivasa Nagar, Anantapur.

AND

... PETITIONER

1 The Commissioner Anantapur Municipality, Anantapur

2 The Joint Collector, Anantapur.

3 Smt. D. Lakshmi, W/o. Ramamurthy,

C/o. chandrasekhar Azad Elementary School, 12 Ward Anantapur.

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue Writ of Mandamus or any other appropriate Writ or direction declaring theproceedings Roc.No. 15015/02-04 dated 17-11-2004 of the 1st respondent as illegalarbitrary, in violation of principles of natural justice unconstitutional unjustified andunsustainable and consequently set aside the same in so far as petitioner isconcerned holding that the petitioner is entitled to continue as the implementingagency for Midday Meal Scheme of Chanda Sekhar Azad School, SrinivasaElementary School, 12 th Ward Elementary School, Anantapur.

Between:

Smt. B. Mruthi W/o B. Nagabhushanam

R/o D.No. 27/76 Munna Nagar, Anantapur

AND

... PETITIONER

1 The Commissioner, Anantapur Municipality Anantapur 2 The Joint Collector, Anantapur 3 Smt. G. Padmavathi C/o Babu Rajendra Prasad Elementary School 23rd Ward Anantapur

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue Writ of Mandamus or any other appropriate Writ or direction declaring theproceedings Rc. No. 16015/02-C4 dated 17-11-2004 of the 1st respondent as illegalarbitrary, in violation of principles of natural justice unconstitutional unjustified andunsustainable and consequently set a side the same in so far as petitioner is concerned holding that the petitioner is entitled to continue as the implementingagency for mid day meal scheme of shahataj Urdu Elementary School and BabuRajendra Prasad Elementary School, Anantapur

Counsel for the Respondent No.3: Mr. K.V. Subba Reddy

WRIT PETITION NO: 22118 of 2004

Between:

Smt. D. Ameena Bee, W/o. D. Alipeera,

D.No. 13/1/540, Mahatma Gandhi Colony, (Yerrenelu Kottala) Anantapur

AND

... PETITIONER

1 The Commissioner, Anantapur Municipality Anantapur.

2 The Joint Collector, Anantapur.

3 Smt D. Adilakshmi, C/o. Chatrapati Shivaji Elementary School, Anantapur.

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue writ of mandamus or any other appropriate writ or direction declaring theproceedings Rc.No. 16015/02-04 dated 17-11-2004 of the 1st respondent as illegalarbitrary, in violation of principles of natural justice unconstitutional unjustified andunsustainable and consequently set aside the same in so far as petitioner isconcerned holding that the petitioner is entitled to continue as the implementingagency for Mid Day Meal scheme of Chatrapti Sivaji Elementary School and R.C.M.Elementary School, Anantapur

Counsel for the Respondent No.3: Mr.P. Nagendra Reddy Between:

Smt. C. Lakshmi Devi W/o C.V. Subba Reddy D.No. 12/57, Sainagar Anantapur

AND

...PETITIONER

1 The Commissioner Anantapur Municipality Anantapur 2 The Joint Collector, Anantapur 3 Smt. D. Saroja C/o Aided Guild of Service Elementary School Anantapur

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue Writ of Mandamus or any other appropriate Writ or direction declaring theproceedings Rc. No. 16015/02-C4 dated 17-11-2004 of the 1st respondent as illegalarbitrary, in violation of principles of natural justice unconstitutional unjustified andunsustainable and consequently set a side the same in so far as petitioner isconcerned holding that the petitioenr is entitled to continue as the implementingagency for mid day meal scheme of K.S.R. Elementary School and Gild of ServiceSchool, Anantapur.

Counsel for the Respondent No.3: Mr. K.V. Subba Reddy

WRIT PETITION NO: 22120 of 2004

Between:

M/s Gajalakshmi Podupu Sangham, rep. by Smt. S. Sakunthala W/o S. Chennappa, D.No. 28/454/322, Navodaya Colony, Ananatapur.

AND

... PETITIONER

1 The Commissioner, Anantapur Municipality, Anantapur.

2 The Joint Collector, Anantapur.

3 Smt. D. Sudha, C/o Rahamat Municipal Elementary School, 28 Ward, Navodaya Colony, Anantapur.

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue Writ of Mandamus or any other appropriate Writ or direction declaring theproceedings Rc.No. 16015/02-04 dated 17-11-2004 of the 1st respondent as illegalarbitrary, in violation of principles of natural justice unconstitutional unjustified andunsustainable and consequenlty set aside the same in so far as petitioner isconcerned holding that the petitioner is entitled to continue as the implementingagency for Mid Day Meal Scheme of Rahamat Elementary School, DPEP HamaliColony Elementary School, Sarvepalli Radhakrishna Elementary School,Anantapur.

Counsel for the Respondent No.3: Mr. K.V. Subba Reddy

WRIT PETITION NO: 22269 of 2004

Between:

Smt.C.Sarala, W/o.C.Venkateswamy,

D.No.5-1-2(new) 5th Road, Nehru Poormen Colony, Anantapur.

AND

... PETITIONER

1 The Commissioner, Anantapur Municipality Anantapur.

2 The Joint Collector, Anantapur.

3 Sanjeeva Reddy, S/o.not known to petitioner D.No.12-2-495, Anantapur.

4 Smt. L.Lakshmi Devi, W/o.Subba Reddy,

R/o. D.No.12/57, Anantapur.

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue writ of mandamus or any other appropriate writ or direction declaring theproceedings Rc.No.16015/02-C4 dated 17-11-2004 of the 1st respondent as illegalarbitrary, in violation of principles of natural justice unconstitutional unjustified and unsustainable and consequently set aside the same in so far as petitioner isconcerned holding that the petitioner is entitled to continue as the implementingagency for Mid Day Meal scheme of the schools allotted in Rc.No.15015/02-C4dated 24-6-2003 and pass.

Counsel for the Respondent No.2: G.P. for School EducationWRIT PETITION NO: 22495 of 2004

Between:

K. Sujatha D/o K. Ranganayakulu

R/o D. NO. 19/621-C(Old) 19/778 (new) Rani Nagar Anantapur

AND

... PETITIONER

1 The Commissioner Anantapur Municipality Anantapur 2 The Joint Collector, Anantapur 3 N.V. Sailaja W/o Nanda D.NO. 20/3, Ambarapu Veedhi, Anantapur

...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue Writ of Mandamus or any other appropriate Writ or direction declaring theproceedings Roc. No. 15015/02-04 dated 17-11-2004 of the 1st respondent asillegal arbitrary, in violation of principles of natural justice unconstitutional unjustifiedand unsustainable and consequently set a side the same in so far as petitioner isconcerned holding that the petitioner is entitled to continue as the implementingagency for mid day Meal Scheme of No.2 Training Elementary School, Old Town,Near Anjaneyaswamy Temple, Anantapur and pass such other or further orders asthe Hon'ble Court feels deem fit and properint he facts and circumstances of thecase.

Counsel for the Respondent No.2: G.P. for School EducationWRIT PETITION NO: 22940 of 2004

1 Bhagat Singh Voluntary Organisation, Ananthapur, rep. by its Secretary and Member Secretary, S.C.M. Basha S/o. S.C. Faleruddin, R/o. 19-110-A=307-15, Ramagar, Anantapur.

2 S. Maboo Sab, S/o S. Mohiuddin Sab,

R/o. 19-110-A-307-15, Ramnagar, Anantapur.

... PETITIONERS

AND

1 The Commissioner, Anantapur Municipality, Anantapur.

2 The Jt. Collector, Anantapur.

3 Smt. Tulasamma,

C/o. NVR Elementary School, 15th Award, Anantapur.

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toIssue writ of mandamus or any other appropriate writ or direction declaring theproceedings Rc.NO. 15015/02-C4 dt. 17.11.2004 of the 1st respondent as illegalarbitrary, in violation of principles of natural justice unconstitutional unjustified andunsustainable and consequently set aside the same in so far as petitioner isconcerned holding that the petitioner is entitled to continue as the implementingagency for Mid Day Meal Scheme of K.S.R.Elementary school and Gild of ServiceSchool, Anantapur and pass such other or further orders as the Hon'ble Court feelsdeem fit and proper in the facts and circumstances of the case.

Between:

1 Bhavani Mahila Sangam, rep.by its President P.Malleswari W/o Late P.Krishna Murthy D.No. 20/253,Amberapu Street, Old Town, Ananthapur.

2 Anusha Mahila Podupu Sangam, rep. by its President N.V.

Sailaja W/o N.V. Nanda Kumar,

D.No. 20/9, Amberapu Street, Old Town, Ananthapur.

AND

1 The Commissioner , Anantapur Municipality, Anantapur.

2 The Joint Collector, Anantapur.

3 Smt. J. Ramanamma W/o J. Chalapathi,

D.No. 20/294, Ambarapur Street, Old Town, Anantapur District.

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue writ of mandamus or any other appropriate writ or direction declaring theproceedings Rc.No. 15015/02-C4 dated 17-11-2004 of the1st respondent as illegalarbitrary, in violation of principles of natural justice unconstitutional unjustified andunsustainable and consequently set aside the same in so far as petitioner isconcerned holding that the petitioner is entitled to continue as the implementingagency for Mid Day Meal scheme of Prabhakarji Abdul Kalam Urdu Upper PrimarySchool, Ananthapur.

Counsel for the Respondent No.3: Mr. Y. Ashok Raj The Court, at the admission stage, made the following:THE HON’BLE SRI JUSTICE N.V. RAMANA

W.P. Nos. 21623, 22113, 22114, 22115,

22116, 22117, 22118, 22119, 22120,

22269, 22495, 22940 and 22954 of 2004

Common order:

Heard the learned counsel for the petitioners, the learned Standing Counsel for theMunicipality and the learned Government Pleader for School Education. As theissue involved in all the writ petitions is one and the same or more or less similar,they are disposed of by this common order.

The petitioners, who are the Implementing Agencies of the Mid-day Meal

Conclusion

Scheme, attached to different Schools, have filed this batch of writ petitions,assailing the proceedings dated 17-11-2004 of the Commissioner, AnantapurMunicipality, whereby some new Implementing Agencies are sought to beintroduced by detaching some of the petitioners from the Schools to which they areattached, or the number of children from the purview of their implementation of thescheme by them, are sought to be reduced, or shifted from one school to another,where the strength of the children is low.

The learned counsel for the petitioners submit that neither any notice has beenissued nor any enquiry conducted by the Commissioner before passing theimpugned order, which seeks to either remove the petitioners as ImplementingAgency or reduces the number of children from their purview or shifts them from oneplace to another. They submit that the impugned order came to be passed at theinstance of rival political groups. They submit that no reason whatsoever has beenassigned by the Commissioner in the impugned order, which justifies his action.They came to know of the reasons for the first time only through the counter, and hadthe reasons, which they stated in the counter been reflected in the impugned order,they could have defended properly. Therefore, impugned order, is liable to be setaside on the ground of it being illegal and arbitrary.

The learned Standing Counsel for the Municipality and the learned GovernmentPleader for School Education submitted the Commissioner having regard to thecomplaints against the Implementing Agencies, and keeping in view the fact thatsome of the Implementing Agencies are having more number of children under theirpurview and have been appointed as Implementing Agency for more than oneschool, located at different places, in order to reorganize, identify and rationalize theImplementing Agencies, for effective implementation of the Mid-day Meals Scheme,which is for the benefit of the children, has passed the impugned order, and nointerference is called for therewith.

Be it noted that Midday Meal Scheme is a social welfare scheme. The intendment ofthe scheme is to provide one square meal a day to school going children whocannot afford it. The scheme apart from providing one square meal a day to schoolgoing children, to top it all, aims to secure 100% attendance of the children in theschools in order to make them literate. The scheme, except benefiting the children, should benefit none, and no one can expect to derive any benefit therefrom.

This Court in Rudramamba Mahila Dwacra Group, Warangal v. Prl. Secy.,Education Dept. held that Midday Meal Programme is a non-statutory scheme andthe guidelines governing their appointment do not confer any right on the petitionerswho were appointed thereunder and that it is not necessary to hear them before theirservices as Implementing Agency are discontinued. That being the legal position,the petitioners cannot be expected to be issued any notice by the authorities beforeseeking to dispense their services as Implementing Agency or when the number ofstudents or schools from the purview of implementation of the scheme by them issought to be reduced or when they are sought to be shifted from one school toanother, and more so for effective implementation of the scheme.

A reading of the impugned order would disclose that there are complaintsagainst the Implementing Agencies in regard to the implementation of the scheme,that there is no uniformity in the distribution of children and schools, in that oneImplementing Agency is attached to more than one school with more number ofchildren while another Implementing Agency is attached to only one school with lessnumber of children. In order to bring in uniformity and remove the disparity, and toensure that the scheme is implemented effectively and properly, and that thechildren for whose benefit the scheme has been introduced, are served with qualityand steaming food, the Commissioner has passed the impugned order, seeking tointroduce some new Implementing Agencies by reducing the number of children andschools from the purview of some of the Implementing Agencies, and shifting someof the Implementing Agencies from one school to another, for the sake ofconvenience, and no exception can be taken thereto.

There is no merit in the writ petitions, and they are accordingly dismissed. No costs.

Date: December, 2004.MRR/KSR

_________________

N.V. RAMANA, J.

Copy to:

1 The Commissioner, Ananthapur Municipality, Ananthapur.

2 The Joint Collector, Ananthapur.

3 Two C.C. s to the G.P. for School Education, High Court Buildings, Hyderabad (OUT)

4 Two C.D. Copies.