Karnataka High Court
K.R. Pete And Pandavapura Taluk Mspc vs The Principal Secretary on 29 November, 2023
Author: K.Somashekar
Bench: K.Somashekar
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WA No. 1417 of 2023
R
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT APPEAL NO. 1417 OF 2023 (GM-RES)
BETWEEN:
K.R. PETE AND PANDAVAPURA TALUK MSPC
HAVING THEIR OFFICE AT:
NO. 688/1700, K.R.S ROAD,
PANDAVAPURA TOWN,
PANDAVAPURA, MANDYA,
KARNATAKA-571 435.
REPRESENTED BY ITS PRESIDENT:
SMT. P HEMAVATHI,
W/O H.S.HEMANTH KUMAR,
AGED ABOUT 35 YEARS,
(THE KARNATAKA SOCIETIES REGISTRATION ACT,
Digitally signed by 1960)
VINUTHA M
Location: HIGH ...APPELLANT
COURT OF (BY SRI. K.S.PONNAPPA, ADVOCATE FOR
KARNATAKA
SRI. MAHESHA B, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY,
STATE OF KARNATAKA,
THE DEPARTMENT OF WOMEN AND CHILD
DEVELOPMENT,
OFFICE AT: 1ST FLOOR, M.S BUILDING,
DR. B.R AMBEDKAR VEEDHI,
BANGALORE-560 001.
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WA No. 1417 of 2023
2. THE DIRECTOR
STATE OF KARNATAKA,
DEPARTMENT OF WOMEN AND CHILD
DEVELOPMENT,
OFFICE AT: 1ST FLOOR, M.S BUILDING,
DR. B.R AMBEDKAR VEEDHI,
BANGALORE-560 001.
3. UNDER SECRETARY
UNION OF INDIA,
DEPARTMENT OF WOMEN AND CHILD
DEVELOPMENT,
OFFICE AT: SHASTRI BHAVAN,
NEW DELHI-110 001.
4. HARIHARESHWARA MAHILA UDYOGA
MATTU SEVA SANGHA
REPRESENTED BY ITS PRESIDENT,
OFFICE AT: SURVEY NO. 125/2B, BEKINA
KALMATHAYANE, YALAVATTI VILLAGE,
SHIVAMOGGA-577 203.
...RESPONDENTS
(BY SRI. VIKRAM HUILGOL, AAG FOR R1 & R2;
SRI. H.SHANTHI BHUSHAN, DSGI FOR R3;
SRI. ARJUN SARATHY.V, ADVOCATE FOR R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO a)SET ASIDE THE ORDER
DATED 03.11.2023 PASSED BY THE HON'BLE SINGLE JUDGE IN
WP No-24326/2023.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, K.
SOMASHEKAR J., AND RAJESH RAI J., DELIVERED THE
FOLLOWING:
JUDGMENT
This intra Court appeal arises from the order dated
03.11.2023 passed by the learned Single Judge, by which the
writ petition preferred by the petitioners challenging the
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guidelines dated 21.10.2023 bearing file No.WCD/
ICDS/MSPT/5/2023 and letter dated 31.10.2023 bearing No.
WCD/ ICDS/MSPT/5/2023 - Comp No. 993642 issued by the
respondent No.2 came to be disposed of with the findings that -
"The government orders issued by the respective
departments dated 21.10.2023 and 31.10.2023 are therefore,
in tune with the order passed by this Court dated 27.05.2022
and that of the Apex Court dated 18.07.2022. Therefore, the
government orders or the circular which seeks to implement the
judgment of the Division Bench as affirmed by the Apex Court,
is un entertainable.
However in so far as prayer (c) is concerned, the learned
Single Judge reserved the liberty to Central Government or the
State Government to work out the feasibility, in case need
arises."
2. The petitioner, who is a Mahila Supplementary
Production Training Centre (for short 'MSPTC) involved in
supplying the food products to the Anganwadi centres,
approached this Court being aggrieved by the circular and letter
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dated 21.10.2023 and 31.10.2023 respectively vide Annexures-
A and B.
3. Before we advert to the rival contentions, we deem
it necessary to refer to the earlier proceedings that have taken
place before this Court, in order to understand the locus of the
appellant is concerned.
A batch of writ petitions (PIL) were filed before this Court
by various social activists and also MSPTCs summarily they
pleaded as follows :
a) Direct the Respondent Nos.1 to 3 to enroll every
child from the age group of 06 months-6 years,
pregnant women, lactating mothers and adolescent
girls who are entitled to be beneficiaries of the
ICDS Scheme in Karnataka.
b) Direct the Respondent Nos.1 to e to provide
Take Home Ration in the form of micronutrient
fortified food to children from 06 months-3 years,
pregnant women, lactating mother and adolescent
girls as prescribed by the Revised Nutritional and
Feeding Norms on Supplementary Nutrition dated
24.02.2009 bearing number F.No.5-
9/2005/ND/Tech (Vol-II) (Annexure "B") as
modified by the Revision of Cost Norms for
Supplementary Nutrition dated 06.10.2017 bearing
No.CD-I-11/2/2016-CD.I (Annexure "C").
c) Scrap the existing system of nominating the
suppliers to make the suppliers to make the
supplies to the MSPTCs under the ICDS Scheme
and implement the uniform process throughout the
State of Karnataka;
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d) Direct the Respondent Nos.1 to 3 to formulate
the guidelines for the digital monitoring of
manufacturing of SNP food to ensure the SNP food
supplied to beneficiaries are in compliance with the
Revised Nutritional and Feeding Norms on
Supplementary Nutrition dated 24.02.2009 bearing
number F.No.5-9/2005/ND/Tech(Vol.II) (Annexure
"B").
e) Direct the Respondents to strictly comply with
the Technical Report dated 19.08.2021 bearing
No.:TT/ICDS Corr/21 (Annexure "N") without any
deviation in terms of procurement, processing,
fortification, supply and hygienic practice in the
letter and spirit.
f) Direct the Respondents to implement the
Technical Committee Report dated 19.08.2021
bearing No.TT/ICDS Corr/21 (Annexure "N") as per
guidelines specified therein so as to procure the
quality raw materials to manufacture and supply
the nutrition as per the said report by giving effect
to the Government Order No.MMR 04 ICD 2020
(Part-I) dated 05.05.2021 (Annexure "J").
g) Pass such other directions or orders that this
Hon'ble Court may deem fit, in the interests of
justice.
The Co-ordinate Bench of this Court was pleased to
dispose these Public Interest Litigations with the findings as
mentioned below:
FINDINGS
17. We have given our anxious consideration to
the rival submissions and perused the material on
record.
18. As rightly contended by the learned Senior
counsel appearing in W.P.No.11004/2020 and
W.P.No.15767/2021, the impugned orders dated
15.05.2021 and 20.05.2021, whereby the circular
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dated 02.07.2020 and Government order dated
05.05.2021 respectively are sought to be
withdrawn are illegal, arbitrary and vitiated and
the same deserve to be quashed for the following
reasons:-
(i) The material on record discloses that as per the
ICDS scheme as well as the Central Government
Norms dated 24.02.2009 and 2017 Rules and
directions issued by the Apex Court pertaining to
implementation of the scheme, the State
government issued an order dated 24.02.2018
which was stayed by this Court. A perusal of the
circular dated 02.07.2020 and Government order
dated 05.05.2021 as well as the technical
committee report dated 19.08.2021, the feasibility
for the MSPTCs to tie up with BIS licenced /
certified women self help groups such as the
petitioners has been recognised, acknowledged
and - 34 - recommended by the State Government
bearing in mind the objectives of the scheme,
Apex Court directions and the relevant norms /
rules. It is therefore clear that the impugned
orders dated 15.05.2021 and 20.05.2021
purporting to withdraw the circular dated
02.07.2020 and Government order dated
05.05.2021 are illegal, arbitrary and deserve to be
quashed.
(ii) A perusal of the impugned orders dated
15.05.2021 and 20.05.2021 clearly indicates that
the same are completely unreasoned, non-
speaking, cryptic, laconic and arbitrary orders
which have been passed unconditionally and
unilaterally without assigning any reasons and
without any application of mind, thereby being
violative and contrary to the principles of natural
justice and on this ground also, the impugned
orders deserve to be quashed.
(iii) A perusal of the circular dated 02.07.2020 and
Government order dated 05.05.2021 indicates that
the same were issued in conformity and pursuant
to the National Food Security Act r/w SNP Rules,
2017 as well as the directions issued by the Apex
Court regarding implementation of the ICDS
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scheme which is meant for pregnant women,
children, lactating mothers etc., and - 35 -
consequently, withdrawal of the said circular and
Government order by passing the impugned orders
will substantially delay the implementation of the
ICDS scheme in the State of Karnataka and as
such, the impugned order deserve to be quashed.
(iv) It is also relevant to state that taking into
account larger public interest involved in speedy
implementation of the ICDS scheme, of which,
pregnant women, children, lactating mothers etc.,
are the beneficiaries, it was absolutely essential
that the circular dated 02.07.2020 and order dated
05.05.2021 are implemented and given effect to at
the earliest without any delay and under these
circumstances, issuance of the impugned orders
seeking to withdraw the said circular and order will
cause great prejudice and hardship to the
beneficiaries of the ICDS scheme and
consequently, the impugned orders deserve to be
quashed on this ground also.
(v) Insofar as the defence of the State
Government that the impugned orders were
passed since the circular dated 02.07.2020 and
the Government order dated 05.05.2021 were
contrary to the directions issued by the Apex Court
and failure on the part of the women self help - 36
- groups to comply with the requirements of the
said circular and order is concerned, it is
significant to note that the said circular dated
02.07.2020 and Government order dated
05.05.2021 indicate that all relevant and material
facts including the directions of the Apex Court,
the objectives sought to be achieved by the ICDS
scheme, earlier government orders, notifications,
rules, norms etc., have been considered and taken
into account while issuing the said circular and
order and consequently, the said contention of the
respondents - State is devoid of merit and is liable
to be rejected.
(vi) Insofar as the contention of the respondents -
State that the women self help groups have not
complied with the terms and conditions of the
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circular dated 02.07.2020 and Government order
dated 05.05.2021 is concerned, the material on
record discloses that as directed by this Court, the
petitioners have filed affidavits along with
documents which indicate that all the terms and
conditions prescribed in the said circular and order
have been fulfilled and complied with by the
petitioners and as such, the said contention urged
by the respondents - State is also liable to be
rejected.
(vii) The respondents have completely failed to
substantiate that the circular dated 02.07.2020
and Government order dated 05.05.2021 were
contrary to the directions issued by the Supreme
Court.
(viii) Insofar as the contention advanced by the
respondents - State that Section 21 of the General
Clauses Act enables them to withdraw the circular
dated 02.07.2020 and order dated 05.05.2021,
having regard to the peculiar and special facts and
circumstances of the instant case including the
aims and objects of the ICDS scheme, directions
issued by the Apex Court and other proceedings,
orders etc., prior to issuance of the same,
respondents were not entitled to unilaterally and
unconditionally issue the impugned orders under
Section 21, which does not confer unfettered or
unbridled powers on the State Government to
withdraw its earlier order dated 05.05.2021, that
too within a period of fifteen days and as such,
even this contention of the respondents is liable to
be rejected. It is well settled that exercise of
power under Section 21 of the General Clauses Act
is circumscribed, limited and restricted by the
attending and surrounding facts and circumstances
including the instant circular / order sought to be
withdrawn and in the facts of the case on hand,
particularly having regard to the ICDS scheme
which is beneficial in nature, effective and speedy
implementation of the scheme was absolutely
essential and consequently, the impugned orders
are vitiated on this ground also.
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(ix) The material on record also reveals that the
already miserable situation and condition of the
beneficiaries of the ICDS scheme had substantially
and considerably deteriorated and worsened on
account of the Covid-19 pandemic and on this
charge also, the respondents were not justified in
passing the impugned orders, which deserve to be
quashed on this ground also.
(x) It is also significant to state that one M/s.Shri.
Sharadamba Foods had preferred
W.P.No.580/2020 seeking quashing of the circular
dated 02.07.2020 and for other reliefs. The said
petition having been dismissed by the learned
Single Judge of this Court vide order dated
24.08.2020, the writ petitioner preferred an appeal
in W.A.No.580/2020 which was also dismissed by
the Division Bench vide order dated 21.01.2021. It
is therefore clear that the legality, validity and
correctness of the said circular dated 02.07.2020
has been upheld by this Court and the same has
attained finality and become conclusive and
consequently, this circumstance also indicates that
the impugned order dated 15.05.2021 seeking to
withdraw the said circular dated 02.07.2020 is
illegal, arbitrary and deserves to be quashed.
(xi) As stated supra, W.P.No.3522/2022 is a PIL
which was preferred on 14.02.2022 seeking
several directions for implementation of the ICDS
Scheme. In this context, as rightly contended by
the learned counsel for the petitioner, the
impugned orders dated 15.05.2021 and
20.05.2021 which proceed on the basis that some
of the women self help groups do not meet the
eligibility criteria or the conditions in the circular
dated 02.07.2020 or order dated 05.05.2021
would not be a ground to repeal the entire frame
work and consequently, the impugned orders
would not only be disproportionate but also
irrational and violative of Article 14 of the
Constitution of India and the same deserves to be
quashed on this ground also.
(xii) So also, learned counsel for the petitioner is
right in his contention that the power of the State
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Government under Section 21 of the General
Clauses Act is circumscribed, restricted and limited
by the constitutional provisions, in particular,
Articles 14 and 21 of the Constitution of India; in
this context, it is significant to note that
consequent upon issuance of the impugned orders
dated 15.05.2021 and 20.05.2021, the circular
dated 02.07.2020 and order dated 05.05.2021 are
sought to be withdrawn, thereby denying more
than 50 lakhs beneficiaries in Karnataka, the right
to nutritious food, particularly to pregnant women,
lactating mothers and children whose fundamental
rights under Article 21 of the Constitution of India
stands violated and on this score also, the
impugned orders being arbitrary and capricious
under Article 14 of the Constitution of India
deserve to be quashed in view of the decisions of
the Apex Court in the case of Shayara Bano vs.
Union of India and Dipika Jagatram Sahani vs.
Union of India & others.
(xiii) It is needless to state that upon quashment
of the impugned orders dated 15.05.2021 and
20.05.2021, the earlier circular dated 02.07.2020
and order dated 05.05.2021 which have been
referred to in the technical committee report dated
19.08.2021 would stand revived and the same
would necessarily have to be implemented and
given effect to by the State Government. Under
these circumstances, though several directions are
sought for by the petitioner in this petition, in view
of the quashment of 2 (2017) 9 SCC 1 3
W.P.(Civil) 1039 / 2020 (PIL) the impugned orders
dated 15.05.2021 and 20.05.2021, this petition
deserves to be allowed directing the respondents -
State to give effect to and implement the circular
dated 02.07.2020 and order dated 05.05.2021 in
the light of the report of the technical committee
dated 19.08.2021 by taking necessary steps
forthwith in this regard immediately without any
further delay.
19. In the result, we pass the following:-
ORDER
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(i) All the writ petitions are hereby allowed;
(ii) The impugned Government orders dated
15.05.2021 and 20.05.2021 passed by the
respondents - State are hereby quashed.
(iii) The respondents - State are directed to
forthwith implement and give effect to the circular
dated 02.07.2020 and Government order dated
05.05.2021 issued and passed by the State
Government immediately without any further
delay.
(iv) The State Government is also directed to take
necessary steps to forthwith implement and give
effect to the Integrated Child Development
Services Scheme (ICDS Scheme) immediately
without any further delay, bearing in mind the
Central Government Norms dated 24.02.2009 and
Rules dated 06.10.2017 and in the light of the
report of the technical committee dated
19.08.2021 as well as all other applicable
Government Rules, Regulations, Norms, Orders,
Circulars etc., in this regard.
(v) It is directed that the supply of food products,
without following specifications and standards as
per Revised Nutrition and Feeding Norms shall be
suspended with immediate effect and supply of
quality nutrition as per Government order dated
05.05.2021 and circular dated 02.07.2020 shall be
ensured by the respondents, by executing the
agreements as specified in the Government order
dated 05.05.2021.
(vi) In order to ensure uninterrupted quality
supply of the menu of food items, the respondents
are directed that, if the parties of the contract
(Agreements) as per Government order
05.05.2021 fail to perform their obligation, the
final products as specified in the contract
(Agreements) shall be procured at a competitive
rate from any eligible entities as specified vide
circular dated 02.07.2020 and supply the same to
Anganawadi Centres in the interest of the
beneficiaries.
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(vii) The State Government is directed to submit a
compliance report to this Court within a period of
three months from today.
(viii) Liberty is reserved in favour of the petitioner
in W.P.No.3522/2022 (PIL) to seek revival of the
said petition, if the occasion so arises.
4. Subsequently, this order was taken up to Hon'ble
Apex Court in SLP No.18930/2022. The Hon'ble Apex Court,
vide order dated 18.07.2022, affirmed the order passed by Co-
ordinate Bench of this Court.
5. It is in this background, pleading non compliance of
order of Co-ordinate Bench, certain MSPTCs filed contempt
petition which was also disposed of in terms below mentioned:
2. Learned Additional Government Advocate drew our
attention to para 12 of the Compliance Affidavit filed in
this Court on 06.10.2023 to the effect that the decision
taken by State Government would be communicated to
various Deputy Directors, DWCDs in all 31 Districts,
within four weeks. Then there is a reference to
modalities in Sub-clauses (a) to (c) in the said
paragraph. An unconditional apology is also tendered for
delay caused in the implementation because of some
administrative constraints and bonafide reasons as
mentioned in paragraph No.16.
In view of the above, the Compliant of Contempt
is dispose off.
It is made clear that if the Respondent-State fails
to forward the necessary communication as indicated
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above within the stipulated period of four weeks,
Complainant is at liberty to revive the Contempt Petition.
6. With these coveted background, in compliance of
the order in Public Interest Litigation supra, the respondent-
State has published instructions by letters dated 21.10.2023
and 31.10.2023 vis., Annexure-A and B to this appeal.
Aggrieved by this, the appellant who is MSPTC registered under
Societies Registration Act approached the learned Single Judge
claiming anomalies and violations. The learned Single Judge,
having heard the appellant so also the respondent-State, was
pleased to dispose of the writ petition with the findings as
mentioned supra. Aggrieved, appellant who is the petitioner
therein are before this Court invoking the appellate jurisdiction.
7. Heard the learned counsel Sri K.S. Ponnappa for
Sri Mahesha B for appellant, Sri H Shanthi Bhushan learned
DSGI for respondent No.3 Central Government, Sri Arjun
Sarathi V., learned counsel for respondent No.4 and learned
AAG for State.
8. It is the contended by the appellant that it is a
registered society which includes women, widows, physically
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challenged persons, mothers of the beneficiaries children etc.,
who are earning their livelihood by preparing and also supplying
the nutritious food as per ICDS Scheme to Anganawadi's. It is
also further contended by the appellant that in pursuance of
impugned circulars stated supra, if properly viewed, are not in
consonance with the direction passed by the co-ordinate Bench
of this Court as the allotted quantity of wheat and rice for
quarter i.e., for 3 months is not sufficient to prepare and also to
distribute to all the Anganawadi's. Hence, it is for this reason,
the appellant claim that the impugned circulars are dehors the
order of the co-ordinate Bench.
The appellant also draws the attention of this Court to
clause 15 and 16 of impugned circular dated 21.10.2023 which
reads as under:
15. 26% of amount shall be utilized towards
making payments for Rice, Wheat and
Cooking Oil and for Production expenses,
Transportation expenses, Honorarium, other
Administrative expenses and for any
incidental expenditures.
16. 74% of amount to be paid to the 03
eligible B.I.S. Licensed Women Groups and
they will utilize it for payment for the
procured Raw materials, Packaging Materials,
Vitamins & Minerals and for the expenses
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incurred for testing of the micronutrient food,
technical assistance charges, compensation
for operational losses and outsourcing
charges if any.
With reference to above, the appellant submit that out of
the total incomes and payments received, 74% of which shall
be paid to BIS certified Women Groups among which 64% of
the same shall be utilised for procuring raw materials which are
essential for production of nutritious foods by the BIS certified
Women Groups. Remaining 26% shall be utilised towards
payment of rice, wheat and cooking oil and also towards
expenditures in packaging and supply of these nutritious foods
to Anganawadi's which in itself causes hardship and also losses
to appellant and thereby, it is difficult to make livelihood out of
the same. It is on these grounds, the appellant is before this
Court.
9. Per contra, the learned AAG Sri. Vikram Huligol submits
that with respect to first limb of the argument that is being
addressed is squarely covered by Government Circular dated
02.07.2020 which has overcome the rigours of judicial review
both in Public Interest Litigation before this Court and also
before the Hon'ble Apex Court. This circular clearly emphasises
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as to why such an arrangement is being programmed. Learned
AAG vehemently submits that this arrangement is made with an
agenda of stopping the supply of ill-nutritional foods to the
beneficiaries and also to make available proper nutritious food
to the beneficiaries who are children between the age group of
6 months to 6 years, pregnant women, lactating mothers and
adolescent girls as per ICDS Scheme. Hence, in order to
effectively implement the scheme and also to comply with
orders of this Court as well as Hon'ble Apex Court, the
impugned letters/circulars have been issued, which, as rightly
held by the learned Single Judge are in accordance with law.
10. With respect to the second limb of the argument as to
deficiency in supply of foods are concerned, learned AAG draws
the attention of this Court to Section 22(3) of National Food
Security Act, 2013 which obligates Central Government to
provide food grains which are essential in order to comply with
the ICDS Scheme. He would also submit that if there are any
grievances in that regard, the same shall be addressed to the
Grievance Redressal centres as set up in accordance with ICDS
Scheme and chapter VII of NFSA, 2013. Learned AAG would
also concede that if any representations are given with respect
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to profit sharing is concerned, then State would address the
same in due course after due consultation with the Central
Government.
Learned DSGI for Central Government being made a
formal party, would adopt the submission made on behalf of
respondent-State.
11. We have gone through the records furnished before
us and so also the previous history of this case and we have
also heard the rival contentions.
12. The first grievance of the appellant being the
arrangement made as per circular dated 02.07.2020 cannot be
re-looked into as the same has withstood judicial test before
this Court on several occasions. Even in the PIL, the said
circular was upheld by quashing the Government order dated
05.05.2021 withdrawing the circular stated supra. However,
we fail to appreciate the conduct of the appellant in
approaching this Court once again with the same grievance
though this Court has already opined on it.
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13. With respect to the second limb of their argument is
concerned, we accept the submission made by learned AAG
with respect to provisions of National Food Security Act, 2013 is
concerned.
14. Section 4 and Section 5 of the National Food Security
Act, 2013, reads thus:
4. Subject to such schemes as may be framed
by the Central Government, every pregnant woman
and lactating mother shall be entitled to--
(a) meal, free of charge, during pregnancy and
six months after the child birth, through the local
anganwadi, so as to meet the nutritional standards
specified in Schedule II; and
(b) maternity benefit of not less than rupees
six thousand, in such instalments as may be
prescribed by the Central Government:
Provided that all pregnant women and lactating
mothers in regular employment with the Central
Government or State Governments or Public Sector
Undertakings or those who are in receipt of similar
benefits under any law for the time being in force
shall not be entitled to benefits specified in clause
(b).
5. (1) Subject to the provisions contained in
clause (b), every child up to the age of fourteen
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years shall have the following entitlements for his
nutritional needs, namely:--
(a) in the case of children in the age group of
six months to six years, age appropriate meal, free
of charge, through the local anganwadi so as to meet
the nutritional standards specified in Schedule II:
Provided that for children below the age of six
months, exclusive breast feeding shall be promoted;
(b) in the case of children, up to class VIII or
within the age group of six to fourteen years,
whichever is applicable, one mid-day meal, free of
charge, everyday, except on school holidays, in all
schools run by local bodies, Government and
Government aided schools, so as to meet the
nutritional standards specified in Schedule II.
(2) Every school, referred to in clause (b) of
sub-section (1), and anganwadi shall have facilities
for cooking meals, drinking water and sanitation:
Provided that in urban areas facilities of
centralised kitchens for cooking meals may be used,
wherever required, as per the guidelines issued by
the Central Government."
Further, Section 22(3) of National Food Security Act,
2013 reads as under:
22. (3) The Central Government shall provide
food grains in respect of entitlements under
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Section 4, 5 and Section 6, to the State
Government at prices specified for the persons
belonging to eligible households in Schedule I.
This provision bestows the duty upon the Central
Government to provide necessary food grains which are to be
supplied to Anganwadi's, which are then to be supplied to
beneficiaries under Section 4 and 5 of the NFSA, 2013. This
being the accepted position, if any grievances found, the
appellant is at liberty to file necessary representations to
Grievance redressal mechanism centres as provided under the
Act supra and also under paragraph 9.4.2 of the ICDS Scheme.
Hence, in the absence of appellant exercising the same, we are
unable to appreciate the stand taken by the appellant.
15. In the third limb of the argument, the appellant
disputes the profit sharing ratio as provided in the impugned
circulars/letters dated 21.10.2023 and 31.10.2023, for which
the learned AAG has conceded to the fact that the same will be
considered as per the order of the learned Single Judge.
16. Be that as it may, in view of Sections 4, 5 and 22(3)
of the National Food Securities Act, 2013 and more so in view
of a judgment rendered by a Co-ordinate Bench of this Court in
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W.P (PIL) No.3522/2022 dated 27.05.2022 wherein an
observation has been made that, nutritious food requires to be
provided to 50 lakhs children in the age group of 0 - 6 years,
the Hon'ble Supreme Court of India in SLP (Civil) Diary
No.18930/2022 vide its order dated 18.07.2022, upheld the
direction of this Court made in the aforesaid writ petition which
was filed in a nature of a Public Interest Litigation. More so, in
order to give effect to the direction of this High Court in the
aforesaid writ petition and with a view to provide nutritious
food to needy persons, the Government of Karnataka issued
letters dated 21.10.2023 and 31.10.2023, as contended by the
learned AAG. The aforesaid letters were challenged in
W.P.No.24326/2023 before this Court. But this Court, with a
view to implement the said direction which was upheld by the
Hon'ble Supreme Court, has directed the official respondents
therein to ensure allotment of foodgrains such as wheat and
rice sufficient for the total beneficiaries for preparation of food
in accordance with the menu to be supplied under the ICDS
Scheme as per Section 22(3) of the National Food Securities
Act, 2013. This contention has been made by the learned AAG
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Shri Vikram Huilgol, counter to the arguments advanced by the
learned counsel Shri K.S. Ponnappa for the appellants.
But this writ appeal has been preferred by the appellant
challenging the order rendered by the learned Single Judge on
the writ side. More so, the learned counsel for the appellant
has taken various contentions by urging the grounds stated
supra. But in this appeal, the learned AAG has vehemently
contended that the grounds which have been urged in this
appeal seeking intervention of the order passed by the learned
Single Judge on the writ side, does not have any substance and
more so, the writ appeal suffers from infirmities and do not
arise to call for any interference.
17. Hence, keeping in view all the above contentions, the
livelihood of the members of these MSPTCs being the prime
issue involved in the subject and also for the fact that the
members of these MSPTCs also belong to the vulnerable
members of the society, we proceed to pass the following -
ORDER
Writ appeal, being devoid of merits, is
accordingly dismissed. Consequently, the
impugned order passed by the learned Single
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Judge in W.P.24326/2023 dated 03.11.2023
is hereby confirmed.
We uphold the direction issued by the
learned Single Judge with respect to prayer
(c) is concerned and this direction shall be
stricto senso complied by the State
Government after due consultation of the
Central Government, in accordance with law.
Sd/-
JUDGE
Sd/-
JUDGE
VM
