Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 1197 (JHR)

Gulab Chandra Prajapati v. Union of India through the Secretary, Department of School Education and Literacy, Ministry of HRD, New Delhi

2017-07-19

APARESH KUMAR SINGH, B.B.MANGALMURTI

body2017
JUDGMENT : Aparesh Kumar Singh, J. Heard learned counsel for the parties. 2. Petitioner professing himself as a social activist and involved in issues relating to rights of marginalized and weaker sections of society such as woman and children as also movement for the protection of environment and culture under Damodar Bachao Abhiyan, has approached this Court in the instant Public Interest Litigation for implementation of mid-day meal scheme in all the eligible schools in the State of Jharkhand strictly as per the guidelines issued by the Hon'ble Supreme Court of India. He has prayed for further direction upon the respondents to constitute an expert committee to monitor the implementation of the scheme and to take effective steps against the instances of wrong doing/corruption and negligence in execution of the scheme. 3. The matter was taken up earlier and on 14.02.2017 a counter affidavit was filed by the Secretary, School Education and Literacy Department, Government of Jharkhand. Status report relating to implementation of the scheme was called for from all the Deputy Commissioners by the State respondent through letter dated 25.01.2017. Status report of 8 districts i.e. Deoghar, Bokaro, Gumla, Lohardaga, Simdega, West Singhbhum, Jamtara and Latehar were received while the report of other districts was awaited. They are enclosed as Annexure-B series. It was stated by the respondent no. 5 that preparation of status report requires collection of huge data from schools upon its inspection and verification Therefore, it involves considerable amount of time. 4. Respondent no. 5 has thereafter filed a supplementary counter affidavit on 04.04.2017 wherein report from rest of 16 districts have been annexed as Annexure-A series. It is stated therein that the mid day meal is fully functional and is under implementation in all schools pursuant to the guidelines issued by the State Government and the Hon'ble Supreme Court of India. A mid day cell has been incorporated for disbursement of funds through District Superintendent of Educations and foodgrains through Block Education Extension Officers as per requirement and attendance of the students. Quality and nutritious food is provided under the scheme. It covers a total of 40,007 schools and 2834197 children in the State. A mid day cell has been incorporated for disbursement of funds through District Superintendent of Educations and foodgrains through Block Education Extension Officers as per requirement and attendance of the students. Quality and nutritious food is provided under the scheme. It covers a total of 40,007 schools and 2834197 children in the State. The State has formulated a three tier monitoring system i.e. State Level Steering-cum-Monitoring Committee headed by the Chief Secretary, Government of Jharkhand, District Level Steering-cum-Monitoring Committee headed by the Deputy Commissioner and Block Level Steering-cum-Monitoring Committee headed by the Block Development Officer for smooth implementation of the mid day meal scheme, which keeps a strict vigil and check on the implementation of the scheme. Meetings are held at regular interval of three months at district and monthly basis at block level. The Regional Deputy Director of Education, District Superintendent of Education, Block Education Extension Officer, Block Programme Officer, B.R.P., C.R.P. regularly visit the schools and physically monitor the implementation of the scheme. Each and every possible steps are being taken so that the scheme is implemented in its true letter and spirit. Responsible Authority has been entrusted to take special care and timely review for effective implementation of the scheme and strict steps for eradication of corrupt practices and negligent measures. Several guidelines have also been issued by the State for proper functioning and implementation of the scheme and have been revised also. Telephone based monitoring system has been introduced for timely review and implementation of the scheme wherein reports from every block and district are obtained timely through telephonic calls. If any discrepancy or negligence is reported, immediate action is taken to rectify the same and show cause notice are issued to the concerned District Superintendent of Education for implementation of the scheme and rectification of the laches and discrepancies. There is zero tolerance policy in the implementation of the scheme. Proper and adequate disciplinary actions are taken against the person responsible for the scheme, if it is found to be closed. If the scheme is closed for consecutive three or five days in a month, strict actions are to be taken against the erring officials. Under National Food Security Act, 2013, provisions have been made to pay proportionate rice and monetary compensation to the beneficiaries of the scheme. 5. Learned AAG, Mr. If the scheme is closed for consecutive three or five days in a month, strict actions are to be taken against the erring officials. Under National Food Security Act, 2013, provisions have been made to pay proportionate rice and monetary compensation to the beneficiaries of the scheme. 5. Learned AAG, Mr. Jai Prakash submits that this provides a comprehensive view of the implementation of the mid-day meal scheme by the State Government as per the guidelines framed by the Hon'ble Supreme Court of India. A mechanism is laid down to correct the instances of negligence or corruption or laches, which should satisfy the Court that the State is serious in its implementation. The instant Public Interest Litigation, therefore, can be disposed of in that light. 6. Learned counsel for the petitioner has advanced his submission. He has also ventured to point out that the mechanism prepared by the State Government should deal with the instances of negligence or corruption surfacing from time to time as are evident from the newspaper reports from the various districts. 7. We have considered the submissions of the learned counsel for the parties and the relevant material facts noticed here-in-above. On the basis of comprehensive stand brought on record by the respondents containing the status of the implementation of the mid day meal scheme in various districts and the mechanism provided to monitor and rectify instances of lapses or negligence or corruption, we consider it proper to dispose of the instant Public Interest Litigation with the observation that the State and its authorities should continue to monitor and ensure implementation of mid-day meal scheme throughout the State in its letter and spirit in consonance with the guidelines laid down by the Hon'ble Supreme Court of India. 8. Accordingly, the instant Public Interest Litigation stands disposed of.