Madhya Pradesh High Court
Sanskar Mahila Mandal Swa ... vs The State Of Madhya Pradesh on 8 November, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 8 th OF NOVEMBER, 2023
WRIT PETITION No. 19016 of 2022
BETWEEN:-
1. KALYAN MAHILA MANDAL SWA SAHAYATA
SAMOOH BINA DISTRICT SAGAR THROUGH ITS
CHAIRMAN SMT. BHAGWATI AHIRWAR W/O
SHRI GANESH AHIRWAR AGED ABOUT 64 YEARS
SHIVAJI WARD BINA DISTRICT SAGAR M.P.
(MADHYA PRADESH)
2. JAN SAMRADHHI SAHAYATA SAMOOH THROUGH
ITS CHAIRMAN, SMT. ARTI YADAV W/O SHRI
VIJAY YADAV AGED ABOUT 31 YEARS R/O
SUBHASH WARD, GWALTOLI, BINA STATION
BINA DISTRICT SAGAR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI DHARMENDRA SONI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY MINISTRY OF WOMEN
AND CHILD WELFARE VALLABH BHAWAN
BHOPAL M.P. (MADHYA PRADESH)
2. COMMISSIONER (REVENUE) SAGAR DIVISION
S A G A R SAGAR DIVISION SAGAR (MADHYA
PRADESH)
3. COLLECTOR SAGAR DISTRICT SAGAR (MADHYA
PRADESH)
4. DISTRICT PROGRAMME OFFICER WOMEN AND
CHILD WELFARE DEVELOPMENT DEPARTMENT
TAHSIL BINA, DISTRICT SAGAR (MADHYA
PRADESH)
5. PROJECT OFFICER WOMEN AND CHILD
WELFARE DEVELOPMENT DEPARTMENT BINA,
DISTRICT SAGAR TEHSIL BINA, DISTRICT SAGAR
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
2
(MADHYA PRADESH)
6. SITA SWA SAHAYATA SAMOOH THROUGH ITS
CHAIRPERSON, SMT. MEKHLA DUBEY W/O SHRI
SANTOSH DUBEY, AGED ABOUT 41 YEARS,
LAXMIPURA WARD SAGAR, DISTT. SAGAR
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI JANAK LAL SONI -
ADVOCATE FOR THE RESPONDENT NO.6)
WRIT PETITION No. 20655 of 2022
BETWEEN:-
SIDDHI VINAYAK SWASAHYATA SAMOOH SAGAR M.P.
THROUGH RANU RAI W/O SOURABH CHOUKSEY AGED
ABOUT 30 YEARS PRESIDENT IN SIDDHI VINAYAK
SWASAHYATA SAMOOH SAGAR M.P. DISTRICT SAGAR
M.P. (MADHYA PRADESH)
.....PETITIONER
(BY SHRI JAFAR KHAN - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY MINISTRY OF WOMEN
AND CHILD WELFARE VALLABH BHAWAN
BHOPAL M.P. (MADHYA PRADESH)
2. THE COMMISSIONER (REVENUE), SAGAR
D IVISION SAGAR DIVISION SAGAR (MADHYA
PRADESH)
3. THE COLLECTOR, SAGAR DISTRICT SAGAR (M.P.)
(MADHYA PRADESH)
4. THE DISTRICT PROGRAM OFFICER, WOMEN AND
CHILD DEVELOPMENT DEPARTMENT DISTRICT
SAGAR (M.P.) (MADHYA PRADESH)
5. THE PROJECT OFFICER, WOMEN AND CHILD
DEVELOPMENT DEPARTMENT DISTRICT SAGAR
(M.P.) (MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
3
(SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS-STATE AND SHRI JANAK LAL SONI - ADVOCATE FOR
THE INTERVENER)
WRIT PETITION No. 20656 of 2022
BETWEEN:-
PRAYAS SWASAHAYATA SAMOOH THROUGH ANITA
SURYAWANSHI W/O RAGHUVEER SURYAWANSHI AGED
ABOUT 45 YEARS SECRETARY IN PRAYAS
SWASAHAYATA SAMOOH, DISTRICT SAGAR (M.P.)
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI JAFAR KHAN - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY MINISTRY OF WOMEN
AND CHILD DEVELOPMENT DEPARTMENT
VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
PRADESH)
2. THE COMMISSIONER ( R E V E N U E ) SAGAR
DIVISION SAGAR M.P. (MADHYA PRADESH)
3. THE COLLECTOR SAGAR DISTRICT SAGAR M.P.
(MADHYA PRADESH)
4. THE DISTRICT PROGRAM OFFICER WOMEN AND
CHILD DEVELOPMENT DEPARTMENT DISTRICT
SAGAR M.P. (MADHYA PRADESH)
5. THE PROJECT OFFICER WOMEN AND CHILD
DEVELOPMENT DEPARTMENT DISTRICT SAGAR
M.P. (MADHYA PRADESH)
6. MAA ANNAPURNA SWA SAHAYATA SAMOOH
MAHANAGAR WARD SAGAR THROUGH THE
PRESIDENT RRADHA SAHU D/O SHRI
PARMANAND SAHU R/O MAHANAGAR WARD,
SAGAR, DISTRICT SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI JANAK LAL SONI -
ADVOCATE FOR THE RESPONDENT NO.6)
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
4
WRIT PETITION No. 20659 of 2022
BETWEEN:-
SWYAM SIDDHA MAHILA MANDAL SWA SAHAYATA
SAMUH SAGAR THROUGH PREETI CHOUKSEY W/O
SWAPNIL CHOWKSEY AGE 40 PRESIDENT IN SWYAM
SIDDHA MAHILA MANDAL SWA SAHAYATA SAMUH
DISTRICT SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI JAFAR KHAN - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY MINISTRY OF WOMEN
AND CHILD WELFARE VALLABH BHAWAN
DISTRICT BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER REVENUE SAGAR DIVISION
SAGAR (M.P.) (MADHYA PRADESH)
3. THE COLLECTOR SAGAR DISTRICT SAGAR (M.P.)
(MADHYA PRADESH)
4. THE DISTRICT PROGRAM OFFICER WOMEN AND
CHILD DEVELOPMENT DEPARTMENT DISTRICT
SAGAR (M.P.) (MADHYA PRADESH)
5. THE PROJECT OFFICER WOMEN AND CHILD
DEVELOPMENT DEPARTMENT DISTRICT SAGAR
(M.P.) (MADHYA PRADESH)
6. MAHIMA SWA SAHAYATA SAMOOH GURU
GOVIND SINGH WARD SAGAR THROUGH THE
PRESIDENT SMT. ASHA TIWARI WARD SAGAR,
DISTRICT SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI JANAK LAL SONI -
ADVOCATE FOR THE RESPONDENT NO.6)
WRIT PETITION No. 20660 of 2022
BETWEEN:-
SANSKAR MAHILA MANDAL SWA SAHAYATA SAMUH
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
5
SAGAR (M.P.) THROUGH SUMITRA SEN W/O ASHOK
SEN AGED ABOUT 48 YEARS PRESIDENT IN SANSKAR
MAHILA MANDAL SWA SAHAYATA SAMUH DISTRICT
SAGAR (M.P.) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI JAFAR KHAN - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY MINISTRY OF WOMEN
AND CHILD WELFARE VALLABH BHAWAN
BHOPAL (M.P.) (MADHYA PRADESH)
2. THE COMMISSIONER (REVENUE) SAGAR
D IVISION SAGAR DIVISION SAGAR (MADHYA
PRADESH)
3. THE COLLECTOR , SAGAR DISTRICT SAGAR
(M.P.) (MADHYA PRADESH)
4. THE DISTRICT PROGRAM OFFICER, WOMEN AND
CHILD DEVELOPMENT DEPARTMENT DISTRICT
SAGAR (M.P.) (MADHYA PRADESH)
5. THE PROJECT OFFICER, WOMEN AND CHILD
DEVELOPMENT DEPARTMENT DISTRICT SAGAR
(M.P.) (MADHYA PRADESH)
6. AAKANSHA SWA SAHAYATA SAMOOH THROUGH
THE PRESIDENT SMT. SHEELA PATEL WARD NO.
12, SAGAR, DISTRICT SAGAR (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI JANAK LAL SONI -
ADVOCATE FOR THE RESPONDENT NO.6)
WRIT PETITION No. 20696 of 2022
BETWEEN:-
DHAN LAXMI SWASAHAYATA SMOOH THROUGH
HEMLATA PATEL W/O HARISHANKAR AGED ABOUT 45
YEARS PRESIDENT IN DHAN LAXMI SAWASAHAYATA
SAMOOH DISTRICT SAGAR (M.P.) (MADHYA PRADESH)
Signature Not Verified
.....PETITIONER
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
6
(BY SHRI JAFAR KHAN - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY MINISTRY OF WOMEN
AND CHILD DEVELOPMENT DEPARTMENT
VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
PRADESH)
2. THE COMMISSIONER (REVENUE) SAGAR
D IVIS ION DISTRICT SAGAR (M.P.) (MADHYA
PRADESH)
3. THE COLLECTOR, SAGAR DISTRICT SAGAR (M.P.)
(MADHYA PRADESH)
4. THE DISTRICT PROGRAMME OFFICER, WOMEN
AND CHILD DEVELOPMENT DEPARTMENT
DISTRICT SAGAR (M.P.) (MADHYA PRADESH)
5. THE PROJECT OFFICER, WOMEN AND CHILD
DEVELOPMENT DEPARTMENT DISTRICT SAGAR
(M.P.) (MADHYA PRADESH)
6. SITA SWA SAHAYATA THROUGH THE PRESIDENT
MEKHLA DUBEY, LAXMIPURA WARD, DISTRICT
SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI JANAK LAL SONI -
ADVOCATE FOR THE RESPONDENT NO.6)
WRIT PETITION No. 20942 of 2022
BETWEEN:-
AASTHA SWA SAHAYATA SAMOOH SAGAR DISTRICT
SAGAR (M.P.) THROUGH ITS CHAIRPERSON SMT.
PUSHPALATA JAIN W/O LATE SHRI V.K. JAIN AGED
ABOUT YEARS GUJARATI BAZAR SAGAR DISTRICT
SAGAR (M.P.) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI DHARMENDRA SONI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
7
PRINCIPAL SECRETARY MINISTRY OF WOMEN
AND CHILD WELFARE VALLABH BHAWAN
BHOPAL (M.P.) (MADHYA PRADESH)
2. COMMISSIONER REVENUE SAGAR DIVISION
SAGAR (M.P.) (MADHYA PRADESH)
3. COLLECTOR S A G A R DISTRICT SAGAR (M.P.)
(MADHYA PRADESH)
4. DISTRICT PROGRAMME OFFICER WOMEN AND
CHILD DEVELOPMENT DEPARTMENT DISTRICT
SAGAR (M.P.) (MADHYA PRADESH)
5. PROJECT OFFICER WOMEN AND CHILD
DEVELOPMENT DEPARTMENT SAGAR DISTRICT
SAGAR (M.P.) (MADHYA PRADESH)
6. GOD BABA SWA SAHAYATA SAMOOH THROUGH
ITS PRESIDENT SOUMYA SEN D/O SHRI TEJRAM
SEN AGED ABOUT 40 YEARS R/O SAGAR DISTRICT
(MADHYA PRADESH)
7. PUJA SWA SAHAYATA SAMOOH THROUGH ITS
PRESIDENT SMT. VANSANA SAHU W/O SHRI
SHIVJEET SAHU AGED ABOUT 41 YEARS R/O RAM
WARD SAGAR DISTRICT (MADHYA PRADESH)
.....RESPONDENTS
(SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI JANAK LAL SONI -
ADVOCATE FOR THE RESPONDENTS NO.6 AND 7)
WRIT PETITION No. 21345 of 2022
BETWEEN:-
MAA DURGA SWA SAHAYATA SAMOOH GOPALPURA
BANDA THROUGH ITS CHAIRPERSON SMT. KALLO BAI
YADAV W/O SHRI SUKHNANDAN YADAV AGED ABOUT
53 YEARS R/O HOUSE NO. 28, WARD NO.19, NEAR
HANUMAN TEMPLE, VILLAGE GOPALPURA, POST
NAYANDHARA GOPALPURA SAGAR, DISTRICT SAGAR
(M.P.) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI DHARMENDRA SONI - ADVOCATE)
AND
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
8
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY MINISTRY OF WOMEN
AND CHILD WELFARE VALLABH BHAWAN,
BHOPAL (M.P.) (MADHYA PRADESH)
2. COMMISSIONER (REVENUE) SAGAR DIVISION
SAGAR M.P. (MADHYA PRADESH)
3. COLLECTOR S A G A R DISTRICT SAGAR M.P.
(MADHYA PRADESH)
4. DISTRICT PROGRAMME OFFICER WOMEN AND
CHILD WELFARE DEVELOPMENT DEPARTMENT
DISTRICT SAGAR M.P. (MADHYA PRADESH)
5. PROJECT OFFICER WOMEN AND CHILD
WELFARE DEVELOPMENT DEPARTMENT BANDA
SAGAR DISTRICT SAGAR M.P. (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE)
WRIT PETITION No. 21974 of 2022
BETWEEN:-
GANESH SWA SAHAYATA SAMOOH REHLI DISTRICT
SAGAR M.P. THROUGH ITS CHAIRPERSON SMT. GEETA
BAI W/O SHRI HEERALAL PATEL AGED ABOUT 50
YEARS. R/O REHLI, DISTRICT SAGAR M.P. (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI DHARMENDRA SONI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY MINISTRY OF WOMEN
AND CHILD WELFARE VALLABH BHAWAN
BHOPAL (M.P.) (MADHYA PRADESH)
2. COM M ISSIONER(REVENUE), SAGAR DIVISION
DISTRICT SAGAR (MADHYA PRADESH)
3. COLLECTOR, SAGAR DISTRICT SAGAR (MADHYA
PRADESH)
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
9
4. DISTRICT PROGRAMME OFFICER, WOMEN AND
CHILD DEVELOPMENT DEPARTMENT DISTRICT
SAGAR (MADHYA PRADESH)
5. PROJECT OFFICER, WOMEN AND CHILD
DEVELOPMENT DEPARTMENT REHLI, DISTRICT
SAGAR (MADHYA PRADESH)
6. SANSKRITI SWA SAHAYATA SAMOOH, SAGAR
THROUGH ITS CHAIRPERSON, SMT. SARITA
KHATIK, DISTRICT SAGAR (M.P.)
JAI MATA MAHILA SWA SAHAYATA SAMOOH,
7. SAGAR, THROUGH ITS CHAIRPERSON, SMT.
ANITA KHATIK, DISTRICT SAGAR (M.P.)
.....RESPONDENTS
(SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI ADITYA VEER SINGH -
ADVOCATE FOR THE INTERVENERS)
These petitions coming on for orders this day, th e court passed the
following:
ORDER
These writ petitions under Article 226 of the Constitution of India are
filed being aggrieved of the order No.2532/iks-vk-/ek-ck-fo/2022-23 dated
12.08.2022 (Annexure P-1) passed by the respondent - District Programme
Officer, Woman and Child Welfare Development Department, Sagar.
2. Petitioners' contention is that petitioners are self help groups in Sagar
urban area and they are involved in the work of supply of mid day meal to the
Aaganwadi centers. It is their contention that without giving proper opportunity
of hearing, impugned order has been passed. It is submitted by Shri Dharmedra
Soni and Shri Jafar Khan, learned counsel for the petitioners that first policy
was dated 20.01.2021 as contained in Annexure P-2 in W.P. No.20942 of 2022,
which is taken as the lead case.
3. It is submitted that, thereafter, amended policy was issued on
05.05.2021 (Annexure P-3). It is submitted that 'Expression of Interest' was
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
issued on 20.01.2022. First ground to assail the impugned order is that the
'Expression of Interest' is issued by an incompetent authority i.e. the Project
Officer and, therefore, that 'Expression of Interest' is not binding on the
petitioners. Second ground which is taken is that amended policy dated
05.05.2021 has been made applicable from a retrospective date. Third ground is
that the procedure which is provided in Clause 12.1 of the policy dated
20.01.2021 was not followed before terminating the contract of the petitioners
and allotting work in favour of private respondents. It is also submitted that as
per Clause 1.2.3 Selection process is given which is not followed and,
therefore, the whole process of selection is vitiated.
4. Shri Brijesh Tripathi, District Programme Officer, Woman and Child
Welfare Development Department, Sagar is present in person along with Shri
Subodh Kathar, learned Government Advocate.
5. Shri Brijesh Tripathi submits that as per the provisions contained in
Clause 1.2.1.2 the eligibility criteria is provided for selection of self help groups.
It is provided that only those working self help groups will be entitled who have
been working under the National Urban Livelihood Mission (NULM) for a
period of three years prior to the amendment in the guidelines. Their three years
seeded bank account is to be seen as to how much was the capital lying in the
bank account for a period of three years.
6. Shri Subodh Kathar, learned Government Advocate submits that
admittedly none of the petitioners were registered under NULM for a period of
three years. Their registration for example in the petition in hand i.e. W.P.
No.20942/2022 is dated 26.02.2021. It is submitted that since they were not
registered for period of three years prior to the date of issuance of the amended
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
guidelines or even on the date of issuance of the 'Expression of Interest' on
20.01.2022, they were not eligible for grant of work and, therefore, they have
not been given work.
7. After hearing learned counsel for the parties and going through the
record, the first submission made by Shri Dharmendra Soni and Shri Jafar
Khan, learned counsel for the petitioners, has already been answered by a
coordinate Bench of this court in case of Rama Mahila Bachat Evm Sakh
Swa Sahayata Samooh Vs. State of Madhya Pradesh and others, 2021
(4) M.P.L.J. 208 , wherein it is specifically held in para 16 that Clause 12.1 of
the guidelines dated 20.01.2021 has already been deleted by order dated
05.05.2021, therefore, the petitioner has no right to continue to supply mid day
meal on account of fact that the petitioner is supplying mid day meal for the last
several years.
8. Thus, Shri Dharmendra Soni has though placed reliance on the
judgment of a coordinate Bench in case of Rama Mahila Bachat Even Sakh
Swa Sahayata Samooh (supra) but the ratio of this order is against the
petitioners themselves.
9. Similarly, in para 20 of this judgment, it is held as that ''So far as the
contention of the counsel for the petitioner that since, the expression of interest
has been issued by the District Project Officer, therefore, the same is without
jurisdiction is concerned, the same is misconceived and is liable to be rejected.''
10. Thus, second contention too has been rejected by a coordinate Bench
of this Court in case of Rama Mahila Bachat Even Sakh Swa Sahayata
Samooh (supra) on which reliance is placed by Shri Dharmendra Soni, learned
counsel for the petitioners.
11. Thus, placing appreciation for Shri Dharmendra Soni on record that he
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
has been fair enough to bring a judgment which at least decides two points
against himself, even otherwise, this plea of District Project Officer being not a
competent authority to issue 'Expression of Interest' is not made out, inasmuch
as, after participating in the game, it cannot be alleged that the initiator of the
game was having no authority to initiate the game. Thus, it is no more open to
the petitioners to raise this contention that the District Project Officer was not
entitled to issue 'Expression of Interest'.
12. The next ground which has been put forth by the learned counsel for
the petitioners that the amended policy dated 05.05.2021 could not have been
applied retrospectively which provides for three years registration under
NULM, etc., is also not made out, inasmuch as, 'Expression of Interest' is of a
subsequent date i.e. 20.01.2022. Thus, this plea is also not open to the
petitioners. Hypothetically situation would have been different, had 'Expression
of Interest' been issued prior to 05.05.2021 then it would have been open to the
petitioners to allege that subsequent amendment in the policy cannot be
included in 'Expression of Interest' which was issued prior to the issuance of
the amended policy. Therefore, this argument is too deserves to be and is
hereby discarded and rejected.
13. Now coming to Clause 1.2.3.1 onwards which have been referred to
by the petitioners' counsel. It is evident that Clause 1.2.3 which deals with the
selection process provides in Clause 1.2.3.1 that 'Expression of Interest' will be
invited from the self help groups by issuance of a public notice/advertisement.
Admittedly, that was done on 20.01.2022. Clause 1.2.3.2 provides that a list of
registered self help groups which are registered in DAY-NULM will be obtained
from the local bodies, that too was admittedly done.
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
14. Clause 1.2.3.3 provides for following three criteria, namely:-
(1) Clause 1.2.3.3.1 provides for how many years self help group
is registered/constituted.
(2) Clause 1.2.3.3.2 provides for the amount existing in the
Savings bank account of the self help group.
(3) Clause 1.2.3.3.3 provides that self help group may not be a
defaulter with the bank.
15. Clause 1.2.3.4 provides that mapping of self help groups for an area
of 10 Aaganwadi centers will be carried out. Clause 1.2.3.5 provides that on not
finding the eligible self help group for the desired period of experience, the list
is to be prepared in the descending order i.e. if self groups with three years
registration are not available then it will be reduced to two years, one year and
so on and so forth.
16. Shri Brijesh Tripathi submits that since self help groups which fulfilled
the requirement of registration for three years were available, work was allotted
to them, then looking to the fact which is not disputed by the petitioners that
their registration is of the year 2021 only and it is not their case that anybody
having registration later than the petitioners, have been given work of supply of
mid day meal, even this ground of violation of the selection process is not made
out.
17. Thus, when the whole scheme is examined in totality and the case of
the petitioners too is examined under the correct perspective then it is evident
that petitioners have failed make out a case for indulgence. In fact, it is apparent
that suppressing the fact of correct provisions in the policy, stay order was
obtained on 26.09.2022 from a coordinate Bench.
18. Therefore, on the same analogy in terms of the order of the coordinate
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
Bench in case of Rama Mahila Bachat Even Sakh Swa Sahayata Samooh
(supra) so also since no material is made out to show indulgence or interference
in the select list which has been prepared in accordance with the provisions
contained in the policy dated 05.05.2021, these petitions deserves to be and are
hereby dismissed.
19. However, in Writ Petition No.19016 of 2022, Writ Petition No.20655
of 2022, Writ Petition No.20942 of 2022, Writ Petition No.21345 of 2022 and
Writ Petition No.21974 of 2022, in which petitioners have obtained orders of
stay from the coordinate Bench of this Court on different dates by suppressing
the fact of correct provisions in the policy, a cost of Rs.25,000/- (Rupees
Twenty Five Thousands only) in each petition is imposed which is to be
deposited in the M.P. High Court Legal Services Committee within a period 30
days from today.
20. In above terms, these writ petitions are dismissed.
(VIVEK AGARWAL)
JUDGE
pp
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 09-11-2023
20:39:37
