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Synopsis

The Bombay High Court has recently observed that municipal corporations should conduct regular and surprise checks regarding the quality of food provided in the mid-day meal scheme to ensure that the marginalized section does not suffer in silence.

“In such matters, the Corporation must be vigilant, considering the object of the mid day meals scheme and the target beneficiaries. The Corporation must conduct frequent and surprise checks so the the students from the marginalised sections do not suffer in silence and pain,” the court noted.

The division bench of the Bombay High Court, comprising Justice MS Sonak and Justice Kamal Khata, was hearing a petition filed by Om Shakti Mahila Seva Sahakari Sanstha Maryadit, which challenged the communication dated May 14, 2024, by which the Mira Bhayender Municipal Corporation terminated the contract awarded to the petitioner for the supply of mid-day meals to schoolchildren in about 12 schools within the corporation's limits.

The corporation informed the bench that the inspection team found several deficiencies in the petitioner’s work, noting that substandard quality food was supplied to the schoolchildren and that the food was not supplied on time. The petitioner assured the court that it would improve the quality of food.

The petitioner was informed that in some of the schools, students found worms, insects, and weevils in the cooked food supplied by the petitioner. Following this, multiple show-cause notices were issued by the corporation, but there was no improvement in the quality of food supplied, leading to the termination of the contract.

The bench not only dismissed the petition but also noted that the corporation should have acted with greater promptitude in addressing the issue to prevent any harm to the students.

“But we think that it is our duty to add that such leniency should not be at the cost of the health of the school children. This is a matter where for over a period of 15 months no action was taken against the petitioner, though during this period the petitioner was pointed out the repeated lapses in its catering service. After about 23 students reported worms in the meals or when students had to go hungry because the meals supplied were inedible, the Corporation should have acted with promptitude,” the order reads.

The high court also noted that dismissed the petition and observed that despite several opportunities, the quality of food supplied by the petitioner had not improved, and there have been several other lapses.

“The mid-day meals scheme is a beneficial scheme to encourage students to attend school. It is a scheme meant to increase the nutrition of schoolchildren, including children belonging to weaker sections of society. Despite several opportunities, the quality of food supplied by the petitioner had not improved, and there have been several other lapses. The Corporation was thus justified in its action. The Corporation’s action was not knee jerk. More than several opportunities were granted to the petitioner to improve the service,” the order states.

Case title: Om Shakti Mahila Seva Sahakari Sanstha Maryadit vs MBMC & Anr