Uttarakhand High Court
WPPIL/55/2021 on 4 January, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
4TH JANUARY, 2023
WRIT PETITION (PIL) No. 55 OF 2021
Between:
Girish Kumar. ...Petitioner
and
Union of India & others. ...Respondents
Counsel for the petitioner. : Mr. K.R. Gazi, learned counsel.
Counsel for the respondent No. 1 : Mr. Manoj Mohan, learned Standing Counsel for
the Union of India.
Counsel for the respondent nos. 2 to 4 : Mr. Vikas Pandey learned Standing Counsel for
the State of Uttarakhand.
JUDGMENT : (per Sri Vipin Sanghi, C.J.)
The reliefs sought in this Public Interest Litigation
are as follows:-
"(i) To issue a writ, order or direction in the nature of certiorari
quashing the decision of the respondent no. 2 to 4 contained in
the order No. 2097/XVII (4)/2013/129/2006 dated 02.09.2013 to
provide dry raw ration to the different kind of beneficiaries of the
ICDS scheme and to provide Micronutrient Fortified Energy Dense
Food as desired to be provided under the "Revised Nutritional and
Feeding Norms for Supplementary Nutrition under ICDS" issued
by the Ministry of Women and Child Development, Government of
India on 24.02.2009 and duly adopted as such under the National
Food Security Act, 2013 and the Rules 6 and 10 framed there
under, instead.
(ii) To issue, a writ, order or direction in the nature of mandamus
commanding the opposite parties to ensure that timely
distribution of supplementary nutritional food and supplement to
the needy persons, children and the lactating and nursing
mothers covered under the scheme in the form of Micronutrient
Fortified Energy Dense Food as contemplated under the guidelines
issued by respondent No. 1 and the National Food Security Act,
2013, Rules read with Revised Nutritional Norms as well as order
of Apex Court is done.
(iii) To issue a writ, order or direction in the nature of mandamus
commanding the respondent no. 1 to monitor the implementation
1
of ICDS scheme by the respondents 2 to 4 and to take
appropriate penal action for default including with-holding of
allocated funds to the State, if required.
(iv) To issue a writ, order or direction in the nature of mandamus
commanding and directing the state respondents that ICDS
services may be extended to all children, lactating women,
pregnant women and malnourished children as eligible under
section 4, 5 and 6 of the National Food Security Act, 2013 as
statutory mandate stipulated under section 7 of the said Act.
(v) To issue a writ, order or direction in the nature of mandamus
commanding and directing the state respondents to radically
enhance the quality of all services provided under the ICDS
scheme.
(vi) To issue a writ, order or direction in the nature of mandamus
commanding and directing the state respondents to mandatorily
complying various guidelines issued by the Ministry of Women
and Child Development, Government of India, for implementation
of ICDS scheme in terms of nutrient composition, quality
parameters and fortification of supplementary food as specified in
guidelines issued for this purpose.
(vii) To issue a writ, order or direction in the nature of mandamus
commanding and directing the state respondents that each and
every eligible beneficiary of the ICDS scheme shall get good
quality of nutrition free from fear of safety and security."
2. This petition was preferred in the year 2021 when
the COVID Pandemic was at its height. Due to the changed
situation on the ground, this petition, in our view, does not
survive.
3. Accordingly, the writ petition is dismissed as
infructuous.
___________________
VIPIN SANGHI, C. J.
______________
MANOJ KUMAR TIWARI, J.
Dt: 04.01.2023
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