JUDGMENT : M.M. SUNDRESH, J. Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to formulate and implement a scheme in and by which the students benefiting under the Mid-day Noon Meal Scheme are provided food even during the COVID times and the AMMA CANTEENS also provide nutritious food to boost the immunity by providing egg as part of its meal apart from providing a “Nutrition Hamper” as part of the dry groceries in the local ration shop till the COVID pandemic is over. 1. The petitioner, who is a practising lawyer, has come forward to file this writ petition seeking to address the grievances of the children, both girls and boys, during the pandemic situation being the beneficiaries of Mid day Meal Scheme and the other Scheme, by which, eggs and free sanitary napkins were provided. 2. Learned counsel appearing for the petitioner submitted that her personal enquiry would reveal that the girl children are not getting sufficient sanitary napkins which are hitherto provided by the schools themselves, contrary to the statement made that they are being delivered at the door steps by the anganwadi workers. Similarly, the egg which is one of the better protein supplement that is being provided is not regularly given to the children aged between 2 and 5 as stated in the affidavit filed by the respondents, while being totally denied to other children who were provided before pandemic as part of Mid-day Meal Scheme. The supplement given in lieu of the eggs are not sufficient. It is not as if the petitioner wants the eggs to be supplied after boiling them and, therefore, the logistics that could be involved in procuring and thereafter supplying would not arise including purchase and transportation. If dry ration has been supplied once in a month there is no difficulty in adding these two after making due verification along with them. Therefore, appropriate orders will have to be issued in this regard as what is important is to immunise the children who are marginalized than to give treatment thereafter especially when they cannot be treated on a par with other privileged ones. 3. Therefore, appropriate orders will have to be issued in this regard as what is important is to immunise the children who are marginalized than to give treatment thereafter especially when they cannot be treated on a par with other privileged ones. 3. Learned Special Government Pleader by placing reliance on the various averments made in the counter affidavit filed submitted that insofar as the sanitary napkins are concerned, they are being supplied at the door step by the Health Nurses of the primary health centres. There are practical difficulties in making supply of eggs on a day-to-day basis. These problem would involve procurement, supply, transportation and perishable nature of eggs. On the contrary, due care has been taken by increasing the protein quantity on par with eggs. For the children aged between 2 and 5, sufficient care is being taken including the supply of boiled eggs. Health Nurses of the primary health centres are not anganwadi workers as stated by the learned counsel for the petitioner. Similarly, the supply has also been made with respect to the sanitary napkins through the Health Nurses of primary health centres. Dry ration among other things also were supplied from the schools till the month of May 2020. Therefore, no orders are required, as the interest of the children is sufficiently taken care of and a writ of mandamus would not lie. 4. By way of reply, learned counsel appearing for the petitioner submitted that she stands corrected with respect to the supply stated to be made by the anganwadi workers as it is being made through the Health Nurses of primary health centres though in a tardy manner. The enquiry made by her personally would reveal that supply is not continuous and factually after the month of May 2020, as accepted by the learned Special Government Pleader no dry ration has also been supplied though the learned Special Government Pleader submitted that the process is still on. 5. The issues are with respect to the inadequate and non-supply. Insofar as the supply of dry ration is concerned, it appears that it is being considered or contemplated for the month starting from June, 2020 onwards and, therefore, we direct the respondents to make supply of dry ration at least from this month onwards, as was done till the month of May, 2020 through schools. 6. Insofar as the supply of dry ration is concerned, it appears that it is being considered or contemplated for the month starting from June, 2020 onwards and, therefore, we direct the respondents to make supply of dry ration at least from this month onwards, as was done till the month of May, 2020 through schools. 6. Insofar as the supplies said to have been made for the sanitary napkins is concerned, we do find considerable force in the submission made by the learned counsel appearing for the petitioner that hitherto supply has been made from the schools. Now this supply is stated to be done till the month of July, 2020 through the Health Nurses. We are of the view that it would be appropriate to identify the children who are in need. One thing we can say that the need of the children might increase. There is nothing to suggest that all the children have been given this benefit. Now, the method of supply also differs. The best persons to know the need are the children and the parent on the one hand and the Government School authorities. That is the reason why on the need basis they have been provided from the school. We do not wish to say anything on the supply of sanitary napkins to the other category of needy persons, namely, post natal mothers as we are concerned with the girl children. Earlier, girl children were given this facility at schools. Now, dry ration is being supplied in lieu of the mid day meal as the children are not attending the school. Therefore, it would be better if along with dry ration, the needs of the girl children also addressed qua the sanitary napkins. This will take care of the number of children who are in need and the adequacy of the supply. Further, it will also take care of the non-supply of the sanitary napkins to all the needy children. However, we make it clear that if the respondents want to continue the present system of supply, it should be made to all those in need by getting the list of the students from the schools/competent authorities. 7. Insofar as the supply of eggs are concerned, we are conscious about the role to be played by us while exercising the discretionary and extraordinary relief under Article 226 of The Constitution of India. 7. Insofar as the supply of eggs are concerned, we are conscious about the role to be played by us while exercising the discretionary and extraordinary relief under Article 226 of The Constitution of India. The question is qua the non-supply of eggs provided earlier. We are dealing with the interest of the children, who are suffering from malnutrition, under nourishment and unable to move from their respective homes even to take mid day meal which would be available otherwise in the schools. Therefore, they stand apart from the other children. Secondly, the respondents themselves acknowledged the importance of eggs. Now what they try to do is to replace it with other supplements keeping in view the pandemic situation. For this, they would like to take the plea of transportation, procurement, supply and maintenance which is inclusive of distribution time. We are of the view that we never asked the respondents to make the supply every day after boiling them. The manner of supply we would like to leave it to the respondents themselves. That is the reason why we have suggested they can be supplied as a whole by way of a package. Therefore, this is an issue which they can very well taken into consideration. Similarly, such a supply can also be made along with the dry ration. The contention of the learned Special Government Pleader with respect to the perishable nature of eggs cannot be countenanced because it is not as if they are going to give eggs every day. We would like to make ourselves clear that whatever the eggs the Government want to give they can be given in a cumulative way meant to be used for a longer period. Procurement also cannot be an issue as lockdown is no longer available and they have been doing it at least for the children aged between 2 and 5. Similarly, the question of transportation and other incidental issues are no longer available. As rightly submitted by the learned counsel appearing for the petitioner, this facility was given to the children earlier and now lockdown is not standing in the way. Therefore, there is no need for going for replacement of good nutrition. The respondents know very well that eggs are holistic part of the food and that is the reason why they are giving it to children. These children cannot go for some other supplement. Therefore, there is no need for going for replacement of good nutrition. The respondents know very well that eggs are holistic part of the food and that is the reason why they are giving it to children. These children cannot go for some other supplement. One cannot take more dal as supplement. The concern with respect to supply also may not be available. We are not asking the respondents to make the supply to the entire State at the same time. The supply may be, at best, along with the dry ration and therefore not continuous apart from doing it on different dates. Therefore, it is not as if, all the children will have to be given dry ration including eggs on the same day. 8. We may point out in this connection that many of the teachers and others working in the primary schools run by the government and anganwadi are not working full time. In fact many of them have not worked though receiving salary. Situation demands that public servants should rise to the occasion and take care of the children who are the future of the nation. A future workforce as human resource is the strength of our country. If we do not take care of them then the progress of the country cannot be assured. A welfare state will have to concentrate on the interest of the children as the primary job. Any issues raised including revenue would be secondary to the interest of the children. Therefore, at the cost of repetition, we may say that it is not a case where we are issuing mandamus to the respondents by getting into the realm of administration but only to ensure and secure the interest of the children, which was kept in mind by the respondents themselves, to make sure that the earlier decision continues especially when the need has become more. 9. Accordingly, we direct the respondents to undertake the process of finding out the children who are in need of sanitary napkins and thereafter provide them accordingly. Similarly, eggs are to be provided. We do not wish to express anything on the quantity. It is well open to the respondents to work out their own modalities either by using anganwadi workers, teachers or the Health Nurses of the primary health centres, as the case may be for the aforesaid purpose. Similarly, eggs are to be provided. We do not wish to express anything on the quantity. It is well open to the respondents to work out their own modalities either by using anganwadi workers, teachers or the Health Nurses of the primary health centres, as the case may be for the aforesaid purpose. If the enumeration is already there then the said statistics can very well be utilized. 10. At the request of the learned Special Government Pleader, the matter was directed to be listed tomorrow i.e. 04.08.2020. 11. The matter stands posted today (04.08.2020) on the request made by the learned Special Government Pleader on the earlier occasion. After seeking pass over the learned Special Government Pleader sought small accommodation for today. 12. Learned Advocate General appeared and reiterated the logistical issues involved. We have already dealt with the same in detail. At the cost of repetition, once again, we may state that it is the Scheme which has been brought forth by the respondents themselves. We suggest, one parent of the child may go to the school, on a particular day, to receive the eggs along with the dry ration and the sanitary napkins. After all, this arrangement is expected to continue only during the close down of the schools, meaning thereby once the schools reopen, then the Mid-day Meal Scheme and other would get revived automatically which involve, as rightly submitted by the learned Advocate General, supply of sanitary napkins/provision of eggs. 13. The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.