Calcutta High Court asks State to clarify on status of proposal to entrust school mid-day meal to ISKCON

The Court, however, observed that the petition challenging the move was premature in absence of a notification by the government.
School children
School children
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The Calcutta High Court on Wednesday sought details from the West Bengal government about the status of the proposal to handover preparation and supply of cooked meals under the mid-day meal scheme in Kolkata schools to International Society for Krishna Consciousness (ISKCON).

A Division Bench of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee asked the State to file an affidavit in this regard. A copy of the order was not immediately available.

However, the Court also observed that the petition was premature as the government was yet to issue a notification for execution of the proposal. The Court said that it can be approached in case the government issues a notification to implement the proposal.

Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee
Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee

The Court was hearing a petition moved by advocate Sirsanya Bandopadhyay who challenged the proposed entrustment of the preparation and supply of cooked meals under the PM POSHAN (Pradhan Mantri Poshan Shakti Nirman) Scheme within the jurisdiction of the Kolkata Municipal Corporation to ISKCON.

The petitioner said the decision was being taken without adherence to the constitutional and statutory requirements governing public procurement and implementation of a State-fended welfare scheme.

The proposed implementation of the scheme is likely to adversely affect the livelihood of thousands of self-help groups and community-based organisations presently engaged in the work, the plea said.

Bandopadhyay further said that the proposed decision also "raises serious constitutional concerns regarding the secular implementation of a State-funded welfare programme, preservation of dietary choice and nutritional interests of beneficiary children"

Senior Advocate Kalyan Bandopadhyay
Senior Advocate Kalyan Bandopadhyay

Senior Advocate Kalyan Bandopadhyay, representing the petitioner, cited Chief Minister Suvendu Adhikari's statement to state that implementation of the scheme was being handed over to ISKCON in schools across Kolkata.

The Court asked whether any notification was issued in this regard.

It added that engagement of NGOs was not "ousted" as per a circular issued earlier for implementation of the scheme.

"We are wanting to know whether any follow-up step has been taken," the Bench added.

Senior Advocate Surajit Nath Mitra
Senior Advocate Surajit Nath Mitra

In response, Advocate General (AG) Surajit Nath Mitra said the entire petition was based on a "proposal" only.

However, the Court remarked that self-help groups were apprehending threat to their work.

Mitra referred to the scheme guidelines, stating that a centralized kitchen can be established in urban areas. He also said "only an offer" has come and no further steps have been taken so far. He added that the petition was pre-mature as no such decision had been taken till date.

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