Anjuman Moinut Tulba Thr Its ... vs Education Officer Primary And Ors
2022 Latest Caselaw 13497 Bom

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                          WRIT PETITION NO. 9556 OF 2022

Anjuamn Moinut-Tulba through its
Chairman/Secretary & Ors.                                 ...Petitioners.
     Versus
Education Officer (Primary), Zilla Parishad
Nashik & Ors.                                             ..Respondents.

                                         ------------
Mr. N.R. Bubna for the Petitioners.
Smt. S.S. Bhende, AGP for the Respondent Nos.1,3,4 & 8-State.
Mr. Rahul S. Kate for Respondent No.5.
                                         ------------

                                 CORAM : NITIN W. SAMBRE &
                                         SHARMILA U. DESHMUKH, JJ.

                                 Date    : December 22, 2022.

P. C. :

1. The fact that all the Petitioner-Institutions were supplied

foodgrains from 2000 to 2019, i.e., till the revised guidelines were

floated by the State Government based on the judgment of the

Apex Court, is not a fact in dispute.

2. Subsequently, the policy of centralized kitchen for such

schools who do not have facility of their own kitchen and godown

came to be implemented and the Petitioners are excluded from the

benefit of being receiving the foodgrains at their doorsteps and to

provide fresh cooked midday-meal to its students.

Digitally signed Patil_sr SACHIN by SACHIN RAMCHANDRA 1/ 3 RAMCHANDRA PATIL PATIL Date:

2022.12.23 13:01:14 +0530

3. The Respondent-Corporation through an affidavit sworn by

the Administrative Officer of Municipal School Board has stated that

the Petitioners do not have a facility of kitchen and godown and

sought to produce on record the inspection reports.

4. The fact remains that for 19 years, through the very same

Respondent-Corporation has supplied foodgrains to the Petitioners

considering the fact that they have facility of kitchen and godown,

and suddenly after 19 years, the Respondent-Corporation has

realised that the Petitioners lack the said facilities. The inspection

reports are also not served on the Petitioners so as to seek their

response on the same.

5. The inspection reports are produced on record by the said

officers today. As such, we grant time to the Respondent-

Corporation to place a detailed affidavit on record to be sworn by its

Commissioner dealing with each and every facet of the writ petition.

The affidavit must be placed on record in any case by 6th January,

2023. The Petitioners are at liberty to file rejoinder by 12 th January,

2023. List this matter for further consideration on 17 th January,

2023.

6. On the next date of hearing, we expect the physical presence

of Administrative Officer, Municipal School Board of the

Patil_sr 2/ 3 Respondent-Corporation before this Court for effectively dealing

with the issue canvassed in the Petition.

7. On the oral request made by Assistant Government Pleader,

the order saddling cost on the Respondent-State Government is

recalled having regard to the affidavit and contents therein.

[Sharmila U. Deshmukh, J.]                     [Nitin W. Sambre, J.]




Patil_sr                                                               3/ 3