Supreme Court Upholds Lakshadweep's Decision To Exclude Meat Products From Midday Meals In Schools

The Supreme Court has refused to interfere with the Lakshwadeep Administration's policy decision to shut down dairy farms and eliminate meat products, including chicken, from the menu of midday meals served to school children in the Island under the National Food Security Act, 2013.

The Bench of Justice Aniruddha Bose and Justice Bela M. Trivedi dismissed the Special Leave Petition filed by one Ajmal Ahmed R. challenging a Kerala High Court Judgement that had dismissed a Public Interest Litigation seeking the inclusion of meat products, such as chicken, in the menu of midday meals for school children in Lakshwadeep.

The Bench said that the Courts should not meddle in policy or administrative matters and emphasized that it is not within their purview to dictate the dietary choices to be prescribed for children's midday meals. The Court observed that there is no flaw in the Kerala High Court's judgment.

The Bench further stated that with regard to the mid-day meal program, the administration has chosen to retain non-vegetarian options like eggs and fish, as submitted by the Additional Solicitor General KM Nataraj, which are readily available in abundance on the islands. The Judges also stated there was no identified violation of any legal provision and that the PIL was filed purely challenging a policy decision.

"There is no scope of interference by courts of law on that count, which would have to accept administrative decisions in that regard, unless some outstanding arbitrariness is pointed out", stated the Bench in its Order. The Court also observed that determining the dietary preferences of children in a specific region is not within the Court's purview. 

The Petitioners had submitted that a new menu was implemented even without any deliberation and consultation consequent to which meat products were completely removed from the menu. It was also submitted that the Administrator wants to interfere with the well-articulated programme and to make it a messy one.

The Kerala High Court had while dismissing the PIL noted that what is contented by the petitioner in regard to the alteration of the food habits is baseless, since the midday meal scheme is framed by the parliament taking into account the nutritional aspects, rather than the continuance of the traditional food habits in any state or union territory.

"However, nobody can insist the State/Union Territory or the Government of India to provide them any particular kind of food in the programme envisaged by the respective Governments", read the Order. The Court also stated that moreover, a writ court considering such policy aspects need only consider whether there was any arbitrariness, illegality or unfairness on the part of the authority while exercising the power conferred under law. 

Accordingly, the Bench upheld the Judgment of the High Court and dismissed the SLP. 

Cause Title: Ajmal Ahmed R. v. Union Of India And Ors. [C.A. No. 5404/2023]