BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12/10/2007 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.8462 of 2007 and M.P.(MD)No.1 of 2007 The Secretary, Yadhavar Primary School, Muthusamiapuram, Ramasamyapuram-post, Mullikulam-via, Sivagiri-Taluk, Tirunelveli District ... Petitioner Vs. 1.The District Collector, Tirunelveli- District, Tirunelveli. 2.The Personal Assistant to the District Collector, (Noon Meal Programme), Tirunelveli -District, Tirunelveli. 3.The Commissioner, Vasudevanallur Panchayat Union, Vasudevanallur, Sivagiri-Taluk, Tirunelveli Districts. ... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order Na.Ka.No.Gnga9/8744/2007, dated 17.09.2007 passed by the first respondent and quash the same as illegal and thereby direct the first respondent to provide Nutritious Meal to the petitioner's school. !For Petitioner ... Mr.F.X.Eugene ^For respondents ... Mr.V.Chellammal,Spl.G.P. :ORDER
Mrs.V.Chellammal, the learned Special Government Pleader takes notice on
behalf of the respondents.
2.Heard both sides.
3.The writ petitioner is an aided primary school and they are challenging
the order dated 17.09.2007 issued by the District Collector.
4.In the Noon Meal Centre attached to the School, a Cook Assistant was
appointed by an order dated 09.07.2007. Her name was Mrs.Arumugathai, wife of
late.Vellapandi and she resides in the Colony Street, Muthusamiyapuram when she
was selected and appointed as a Cook Assistant and when she went to join duty in
the Centre pursuant to her appointment order she was not permitted by the School
Management to enter the premises.
5.The reasons for not allowing her to join the duty was not expressed in
writing. It is not known whether it was on account of communal bias or as is
now being projected by the learned counsel for the petitioner, that they were
not consulted while making the appointment.
6.Whatever may be the circumstances, the Panchayat Union Commissioner the
third respondent by a letter dated 26.07.2007 informed this fact to the District
Collector. The District Collector by a letter dated 14.08.2007 warned the School
Secretary of the School (petitioner) that if the candidate is not admitted, Noon
meal supply to the centre will be stopped.
7.Inspite of such a direction, the School had not permitted Cook Assistant
to join. This shows a high-handedness of the Secretary of the School. By
running the Noon Meal Centre, the school children are fed by the State with
their own infrastructure, material and supply of funds. Even the personnel who
are posted to the Centre were also paid by the State. The selection of
personnel is made by a Committee. On the said Committee’s recommendation, the
District Collector approves the appointment. At the maximum, the School can have
a grouse that their views are not considered. But the School has no right to
interfere with regard to the appointment made in a Noon Meal Centre.
8.The Noon Meal Centre run by the State Government over the years has been
acclaimed all over India. Even the Central Government is planning to introduce
such a Scheme for the entire country. The Noon Meal Scheme also received
international attention. Because of the Scheme, the children from rural poor
are getting food atleast once a day. But for the scheme the children would be
malnourished which can create a whole generation of an emaciated youth
affiliated with poor faculties. The scheme is part of an obligation imposed on
the State by the Director Principles of State Policy enshrined in Part IV of the
Constitution. It must be noted that the noon meal by supplementing the food
requirement of a child is a main source by which attendance in the School is
guaranteed. In a school especially in case of private aid schools when the
students strength are declining drastically, due to this scheme, the students
strength are guaranteed to a considerable extent. Only by having an economic
strength, even the petitioner School survives and become eligible for State
grant of cent percent salaries to its Teachers and other staff.
9.Brushing aside these laudable objects, the petitioner’s highhanded
behaviour in stopping a woman cook from a dalit family to join the Noon Meal
Centre, for whatever reason can never be condoned by this Court. The action is
nothing but cutting the nose to spire the face. By the thoughtless action,
hundreds of Children’s lunch has become a question mark.
10.On the contrary, the order of the District Collector stopping the Noon
Meal Scheme has come to be challenged on grounds which are not legally
sustainable. Infact the views of the Management are taken into account for
making the appointment does not mean that they have a veto power in the matter
of selection of a candidate to the Noon Meal Centre. The word “consult” found
in the G.O.Ms.No.294, Social Welfare & Nutritious Meal Programme (NMP.I) dated
21.10.1993, does not mean ‘consent’ by the School management. Therefore, the
grounds raised by the Management are egocentric and arises out of social
prejudice developed over the centuries which our Constitution is determined to
eradicate.
11.Though the Writ Petition is dismissed, the Writ Petitioner Management
is directed to allow the Cook Assistant by name Mrs.Arumugathai, wife of
late.Vellapandi of Muthusamiapuram Village residing at Colony Street,
Muthusamiyapuram to join duty forthwith. By taking an overall view, the School
Management directed to allow the Noon Meal Centre to be operational, more in the
interest of the School students than that of the School Management. No costs.
Consequently, connected M.P is closed. The District Collector is also directed
to ensure that the Noon Meal Centre becomes operational and he may direct the
second respondent to visit the School and set right the problems created by the
petitioner.
ssm
To
1.The District Collector,
Tirunelveli- District,
Tirunelveli.
2.The Personal Assistant
to the District Collector,
(Noon Meal Programme),
Tirunelveli -District,
Tirunelveli.
3.The Commissioner,
Vasudevanallur Panchayat Union,
Vasudevanallur,
Sivagiri-Taluk,
Tirunelveli Districts.