PM POSHAN Scheme| "Supply Of Rotten Chana, Vanaspati, Dalda Cannot Be Condoned"- Delhi HC While Ordering Debar Of Suppliers

A Delhi High Court Bench of Justice Subramonium Prasad has ordered that the supply of rotten chana or vanaspati and dalda cannot be condoned and persons who indulged in such activities cannot be permitted to continue to supply food items under PM-POSHAN Scheme.

Senior Advocate VK Garg appeared for the petitioner, while ASC Anupam Srivastava appeared for the respondent.

In this case, the matter pertaining to the scheme launched by the Union Government to provide one hot cooked meal in Government and Government-aided schools from 2021-22 to 2025-26.

The Court was hearing a plea filed by the Secretary of the Food and Beverage Foundation Society, challenging an order issued by the Delhi Government's Directorate of Education on February 14. The order prohibited the society from supplying mid-day meals under the mentioned scheme to government schools in the national capital with immediate effect. The society was accused of providing poor-quality dry ration kits to one government school on August 30 the previous year. These kits contained vanaspati (dalda) instead of refined oil and packets of rotten Chana. After an unsatisfactory response from the society, the Directorate of Education barred them from supplying mid-day meals to any school under the Delhi government.

On hearing the arguments and perusing the material on record, the Court noted that since the actions undertaken involved due impact on public good concerning the health and wellbeing of children, the highest care ought to have be taken in ensuring the effective discharge of duties.

In that context, it was said that "The seriousness of the allegations in the case at hand and its impact on children, who are the future of the country, cannot be overlooked. It was the duty of the Petitioner to ensure that nutritious meal is provided to the children for their development. Supply of rotten chana or vanaspati and dalda cannot be condoned and persons who indulged in such activities cannot be permitted to continue to supply food items under PM-POSHAN Scheme. In fact it is incidents like these which brings bad name to a noble cause that has been initiated by the Government to encourage children to attend schools."

Regarding the debarment, the Court noted that debarment means civil death and it can never be permanent.

Disposing of the petition, the Court observed that "Since the order of debarment does not specify the time limit, this Court is inclined to remand the matter back to the Respondents to fix a timeline for which the Petitioner shall be debarred from supplying Mid Day Meal."

Cause Title: Secretary, Food and Beverage Foundation Society Regd. v. Directorate of Education, Govt. of NCT of Delhi [Neutral Citation No. 2023: DHC: 5200]

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