Mid-day meals to ISKON: HC asks govt. to file it's say

A Division Bench of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee directed the State government to file an affidavit providing details of the proposal. The detailed order was not immediately available.

At the same time, the Court observed that the petition was filed too early because the government has not yet issued any official notification to implement the proposal. The Bench said the petitioner could approach the Court again if such a notification is issued.

The Court was hearing a petition filed by advocate Sirsanya Bandopadhyay, who challenged the proposed decision to entrust the preparation and supply of cooked meals under the PM POSHAN (Pradhan Mantri Poshan Shakti Nirman) Scheme in schools under the Kolkata Municipal Corporation to ISKCON.

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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, appearing for the petitioner, referred to a statement made by the Chief Minister and submitted that the implementation of the PM POSHAN scheme in Kolkata schools was being handed over to ISKCON.

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The Court asked whether the State government had issued any official notification to implement the decision.

The Bench also observed that an earlier government circular on the implementation of the scheme does not prohibit the engagement of non-governmental organisations (NGOs) for preparing and supplying cooked meals.

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

In response, Advocate General Surajit Nath Mitra, appearing for the State, argued that the entire petition was based only on a proposal and that no final decision had been taken.

The Court, however, observed that self-help groups were concerned that the proposal could affect their work and livelihood.

Mitra also referred to the PM POSHAN scheme guidelines, saying that they allow the establishment of centralised kitchens in urban areas for preparing and supplying cooked meals.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.