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2014 DIGILAW 501 (CAL)

Anu Konai v. State of West Bengal

2014-06-10

ISHAN CHANDRA DAS, JYOTIRMAY BHATTACHARYA

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Judgment Let the certified copy of the impugned order which is filed by Mr. Mukherjee, Learned Advocate, appearing for the appellants, in Court today be kept with the record. Let the certificate of the Pradhan of Jhilli Gram Panchayat dated 20th January, 2014 which is submitted by the Learned Advocate for the respondents' self-help group be kept with the record and the same be treated as a part of the record. This mandamus appeal is directed against an order passed by the Learned Single Judge of this Court on 28th January, 2014 whereby the appellants'/ petitioners' prayer for interim order for allowing them to discharge function for supply of mid-day meal during the pendency of the writ petition was rejected by the Learned Trial Judge. Let us now consider the merit of the appeal in the facts of the instant case. Initially the appellants/petitioners being a 'self help group' was engaged by the school authority for cooking mid-day meal for distribution of the mid-day meal to the students of Jhilli High School with effect from 27th November, 2012. Subsequently, on the basis of an application submitted by the appellants/ petitioners on 8th March, 2013; the appellants'/ petitioners' group was allowed to continue cooking of mid-day meal with effect from 26th March, 2013. The engagement of the appellants/petitioners was subsequently modified vide the subsequent resolution taken in the office of Block Divisional Officer, Khargram, on 8th November, 2013 whereby it was decided that for the first fifteen days of the month, mid-day meal will be cooked by the petitioners' group and the rest of the month, mid-day meal will be cooked by the respondents. The appellants/petitioners felt aggrieved. Hence, they filed the writ petition challenging the aforesaid resolution dated 8th November, 2013 adopted in the office of the Block Development Officer, Khargram. In connection with the said writ petition, they prayed for an interim order of stay of the operation of the said resolution adopted in the office of the concerned Block Development Officer, so that the petitioners are allowed to cook the midday meal for the entire month as per their engagement made by the school authority earlier. In connection with the said writ petition, they prayed for an interim order of stay of the operation of the said resolution adopted in the office of the concerned Block Development Officer, so that the petitioners are allowed to cook the midday meal for the entire month as per their engagement made by the school authority earlier. It is contended by the appellants/writ petitioners that the resolution which was adopted in the office of the concerned Block Development Officer is illegal as such resolution was adopted in total disregard of the advertisement which was issued by the concerned Block Development Officer, appearing at page 48 of the writ petition, whereby applications were invited from the self help group for its engagement for cooking mid-day meal for the said school. On perusal of the said advertisement we find that one of the eligibilities for applying for the said engagement was that most of the members of the self help group must be the residents of the Sansad within which the school is situated. It is complained by the appellants/writ petitioners that since most of the members of the respondents' self help group are not the residents of the Sansad within which the school is situated, they cannot be selected for engagement for cooking mid-day meal in the said school. To resolve such a dispute, the matter was referred to the concerned Gram Panchayat and the Secretary of the said Gram Panchyat after holding an enquiry, submitted a report wherefrom it appears that the respondents' self help group consists of ten members, out of which six members do not reside within the Sansad within which the school is situated. This certificate which was so issued by the Secretary of the concerned Gram Panchayat clearly demonstrates that the respondents' self-help group is not eligible for being considered for engagement for cooking mid-day meal in the said school as per the said advertisement. Learned Advocate appearing for the respondents' self-help group submits that the Secretary of the Gram Panchayat who issued the said report was not competent to issue the said report. He submits that the Prodhan of the Gram Panchayat was the competent authority who could have submitted a report on the dispute referred to the concerned Gram Panchayat. Learned Advocate appearing for the respondents' self-help group submits that the Secretary of the Gram Panchayat who issued the said report was not competent to issue the said report. He submits that the Prodhan of the Gram Panchayat was the competent authority who could have submitted a report on the dispute referred to the concerned Gram Panchayat. As a matter of fact, the Prodhan of the Gram Panchayat has also issued a certificate which is submitted before us by the Learned Advocate appearing for the respondents' self-help group wherefrom it appears that the Prodhan of the said Gram Panchayat has also confirmed that the respondents' self-help group has 10 members, out of which 5 members are residing within the Sansad wherein the school is situated. Even if, we accept the said report of the Pradhan of the Gram Panchayat as correct, still then, we find that the respondents' self-help group was not eligible for being considered for engagement for cooking mid-day meal for the said school as the respondents' self help group cannot satisfy the eligibility criteria as per the advertisement published by the concerned Block Land Officer appearing at page 48 of the stay application, which provided that these self help group whose most of the members are residing within the Sansad, can only apply for such engagement. Since 5 out of 10 members of the respondents' self help group do not reside within the Sansad, we cannot hold that most of the members of the respondents' self-help group were the residents within the concerned Sansad. As such, the respondents' self-help group was not eligible to be considered for such engagement. Thus, we have no hesitation to hold that the resolution which was adopted by the concerned Block Development Officer on 8th November, 2013 which is impugned in the writ petition cannot be allowed to be retained on record. The said resolution dated 8th November, 2013 adopted in the office of the Block Development Officer, Khargram is thus set aside. The appeal is thus allowed. The appellants/petitioners are allowed to continue cooking of mid-day meal as per their earlier engagement. Since the appeal is decided in the manner as aforesaid, and we do not find any other issue involved in the writ petition is left open to be decided by the Learned Trial Judge, the writ petition is also disposed of accordingly.