Judgment ( 1. ) THE factual matrix and controversy involved, the points urged and further on the basis of concession given, both he writ petitions were heard analogously and are disposed of by this common order. It is condign to state here that though the presentableness of different orders have been called in question by the petitioners by assailing them on different spectrums, for the sake of proper adjudication, the facts which are essentially to be stated encapsuling the essence in singular compartment, are adumbrated herein. Be it placed on record though the assail is to the orders passed by the Civil Court, the learned Counsel appearing for the parties have conceded for delineation of the controversy by this Court which would put an end to the cavil that has arisen in the civil suit. ( 2. ) THE facts which are necessitous for the disposal of the writ petitions are that the State of M. P. formulated a scheme regarding supply of afternoon meal to the school children. To give effect-to the said scheme the respondent No. 2, namely, Chief Municipal Officer, Municipal Council, Sehore invited tender as per Annexure P-2 for providing the afternoon meal to the school children under the Council. It was specifically stipulated in the notice inviting tender that the offer below Rs. 1. 01/- for items mentioned in the serial Nos. 2 to 5 in the schedule of the notice inviting tender would not be accepted. The petitioner, Kiran Shukla, in W. P. No. 8850/05 quoted a rate of 90 paise per student and Babu Singh quoted 115 paise per student. As pleaded he was issued the work order on 4-7-2005,and an agreement was executed on 5-7- 2005. At this juncture, Kiran Shukla raised a complaint before the Collector, Sehore on 18-7-2005 and the Collector after conducting an inquiry expressed the view on 19-7-2005 that proper procedure was not followed in inviting tender which ensued in issuance of a direction on 21-7-2005 to the Municipal Council to cancel the tender and reinvite the same and till the time new tender was not finalised, the afternoon meal shall be managed by the Municipal Council, Sehore itself. On the basis of the aforesaid order the Municipal Council, Sehore communicated Babu Singh, the awardee of the contract, that his agreement was cancelled and till the new arrangement is made he would continue the arrangement the afternoon meal for a period of one month from the date of execution of the agreement. ( 3. ) BEING dissatisfied with and aggrieved by the aforesaid action Babu Singh instituted a civil suit in the Court of First Additional District Judge, Sehore forming the subject matter of C. S. No. 14-A/2005 on the ground that proper procedure was not followed as envisaged under the provisions of M. P. Municipalities Act, 1961 (in short "the Act") before cancellation of contract. A prayer was made for declaration and permanent injunction assailing the order of the Municipal Council but there was no challenge to the order passed by the Collector, Sehore. The learned Trial Judge by order dated 4-8-2005 passed the order of status quo on the basis of concession on proffered by the Municipal Council. At this stage Kiran Shukla filed an application under Order 1 Rule 10 of the Code of Civil Procedure seeking impleadment as defendant which stood rejected by order dated 17-8-2005. ( 4. ) IT is pertinent to state after the said application was rejected said Kiran Shukla moved an application under Order 1 Rule 8 of the CPC seeking permission to be heard before temporary injunction filed by Babu Singh was decided. Despite the objection raised by the petitioner to the said application, the same was allowed by the learned Trial Judge on 2-9-2005. The said order has been sought to be annihilated in W. P. No. 10181/2005. ( 5. ) AS has been indicated earlier, the learned Counsel for the parties have fairly accepted that the propriety of the aforesaid orders need not be dwelt upon by this Court but the whole controversy relating to grant of contract in favour of Babu Singh and action of the Collector, Sehore in cancelling thereof be dealt with so that the finality is attained and suit stands adjudicated by virtue of the order of this Court. Such a concession is given keeping in view the short term of the agreement. ( 6. ) I have heard Mr. Aditya Adhikari, learned Counsel for the petitioner in W. P. No. 8850/05 and Mr. Such a concession is given keeping in view the short term of the agreement. ( 6. ) I have heard Mr. Aditya Adhikari, learned Counsel for the petitioner in W. P. No. 8850/05 and Mr. Imtiyaz Hussain, leaned Counsel for the petitioner in W. P. No. 10181/2005. I have heard Mr. Arvind Shrivastava, learned Counsel for the Municipal Council Sehore and Mr. S. K. Yadav, learned Government Advocate for the State. ( 7. ) THE centroidal issue that merges for consideration is whether the Collector, Sehore was justified in cancelling the agreement in question on the foundation that proper procedure was not followed. To appreciate the said facet it is imperative to scan the logicality of the order of the said authority. In the order of cancellation the Collector has ascribed certain reasons. Clause (2) of the said order reads as under : (2) Proper procedure was not followed in inviting tenders for afternoon meals and the lowest tenderer was not invited. ( 8. ) AT this juncture, it is worthwhile to appreciate the condition precedent enumerated in the NIT issued by the competent authority of the Municipality. On a scrutiny of the same it appears that for items 2 to 6 mentioned in the NIT no tender would be considered if it is below Rs. 1. 01/ -. The Collector has observed that finalisation of the contract is not in accordance with the procedure. Condition Nos. 1 and 2 of the NIT postulate that the distribution of the mid-day meal has been done as per criteria made by the Apex Court and further quality, purity and cleanliness of the mid-day meal would be responsibility of the distributor and no compromise would be considered on that score. It is beyond disputation that mid-day meal is meant for school children. It has to be hygienic. Cleanliness is primarily attached to it. The quality of the food is to meet the standard provided. Efforts are to be made young children are not given any kind of stale food or food that would cause any disorder. Service of providing adulterated food is totally impermissible. All efforts should be made to maintain the standard and no compromise on that score should be made. The maintenance of quality is the sine qua non for such provision made for food supply. ( 9. Service of providing adulterated food is totally impermissible. All efforts should be made to maintain the standard and no compromise on that score should be made. The maintenance of quality is the sine qua non for such provision made for food supply. ( 9. ) IT is worthnoting that supply of mid-day meal is founded on basic conception of reservoir of social justice and human values. No wrong, either individual or collective, can be allowed to usher in. The authorities have to sensitise themselves to concretise the social justice which has been spelt out in our compassionate Constitution and the life of needy children who are provided food, is life full of toil, tears and turmoil. Any deviation would tantamount to dehumanisation and slow death. Hence, the solution must be original so that tragedy does not occur. Be it placed on record law, has a social paradigm, has a microscope to find out the germs of truth and has the thermometer to asses temperament of a man and the ability to study the heart-beat and pulse rate. The Will has to come from the body polity. While providing the mid-day meal, the human dignity can not be allowed to take the backseat. The need of a child has to be the superlative concern of a sensitive soul. If I allow myself to say so, one must conceive the idea- justice first, justice second and justice always, nothing less would subserve the cause of justice. In this context, I may profitably refer to a passage from Gandhiji, the Father of the Nation : I shall work for an India in which the poorest shall feel that it is their country in whose making they have an effective voice, an India in which there shall be no high class or low class of people; an India in which all communities shall live in perfect harmoney. . . . There is on the face of the earth no other country that has the problem that India has the chronic starvation and slow death - a process of - dehumanisation. The solution must, therefore, be original. In trying to find it, we must discover the cause of the tremendous tragedy. ( 10. ) IN view of the aforesaid, the concession given by the Municipality, in my considered view, was not correct. The solution must, therefore, be original. In trying to find it, we must discover the cause of the tremendous tragedy. ( 10. ) IN view of the aforesaid, the concession given by the Municipality, in my considered view, was not correct. When the Collector cancelled the agreement, learned Trial Judge should have applied his own mind and passed order. But an order of status quo came into existence by virtue of concession offered by the Municipality. As has been indicated earlier, learned Counsel for the parties agreed that there should be afresh auction and till then Babu Singh, the beneficiary of the agreement, should be allowed to provide the food under the supervision of the Chief Municipal Officer, Sehore. The learned Counsel for the parties further agreed that the Collector should finalise the contract keeping in view the facts and circumstances. ( 11. ) IN view of the aforesaid concession given and keeping in view the totality of circumstances I proceed to enumerate my conclusion in seriatim : (a) The provisions made for mid-day meal for the students of the school has to keep in view the conception of hygienic concept of cleanliness, sanctity of quality and the perception of salubriousness of young children who are the future of the nation. (b) The Collector, the Head of the District has an obligation to see that the scheme provided by the State operates in a proper and appropriate manner. (c) The fresh NIT shall be called within a period of one week from today calling for tenders from eligible persons within the time as warranted in the scheme and on acceptable parameters. (d) The Collector shall finalise the tender with the aid and assistance of the Chief Municipal Officer and while so finalising shall keep in view the essential facets which have relevance with the distribution of mid-day meal. (e) The Collector shall finalise the same within period of one week from the date of receipt of the tenders. (f) The Collector while finalising the tenders shall bestow his anxious consideration primarily to the quality and hygiene and would not permit any kind of compromise on those scores. (g) Till the Collector finalises the matter the petitioner in W. P. No. 10181/2005 shall be allowed to supply the mid-day meal. (f) The Collector while finalising the tenders shall bestow his anxious consideration primarily to the quality and hygiene and would not permit any kind of compromise on those scores. (g) Till the Collector finalises the matter the petitioner in W. P. No. 10181/2005 shall be allowed to supply the mid-day meal. This interim arrangement would not entitle him to claim any kind of privilege or advantage as the same is purely interim arrangement. (h) The Collector shall depute a responsible officer who shall remain present when the mid-day meal is served by Babu Singh, petitioner in No. 10181/05 till the contract is finalised by the Collector. (i) As agreed to, by virtue of the aforesaid directions, the Civil Suit No. 14-A/2005 pending before the First Additional District Judge, Sehore would be deemed to be disposed of . ( 12. ) ACCORDINGLY, the writ petitions are disposed of without any order as to costs.