बुधवार को परिषदीय विद्यालयों में दूध पिलाने पर जन हित याचिका दाखिल

मध्यान्ह भोजन योजना में संसोधन हेतु प्रस्तुत समिति की रिपोर्ट कैबिनेट की मंजूरी हेतु प्रेषित

Chief Justice's Court

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 42010 of 2015

Petitioner :- Vinay Kumar Ojha 

Respondent :- State Of U.P. And 9 Others 

Counsel for Petitioner :- Rakesh Pande 

Counsel for Respondent :- C.S.C.,Arjun Prasad Yadav,Sunil Kumar Singh,Ved Kant Mishra

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice

Hon'ble Yashwant Varma,J. 

The learned Standing Counsel has stated on the basis of the instructions received by him on 18 November 2015 that the report of the Committee has been received by the Government and the matter is now pending for approval before the Cabinet for making certain amendments in the Mid Day Meal Scheme. 

On the request of the learned Standing Counsel, we now stand over the proceedings to 3 December 2015 under the same caption. 

Order Date :- 19.11.2015

VMA

(Dr. D.Y. Chandrachud, C.J.)

(Yashwant Varma, J.) 

विशेषज्ञ समिति का गठन 

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 42010 of 2015 

Petitioner :- Vinay Kumar Ojha 

Respondent :- State Of U.P. And 9 Others 

Counsel for Petitioner :- Rakesh Pande 

Counsel for Respondent :- C.S.C.,Arjun Prasad Yadav,Sunil Kumar Singh

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice

Hon'ble Yashwant Varma,J.

On 1 October 2015, the Principal Secretary (Basic Education) has constituted an Expert Committee following the previous orders of this Court dated 8 September 2015 and 22 September 2015. The terms of reference of the Committee are set out in the following extract of the office memorandum dated 1 October 2015: 

"tufgr ;kfpdk la0&42010@2015 fou; dqekj vks>k cuke m0iz0 jkT; o vU; esa ikfjr ek0 mPp U;k;ky; ds vkns'k fnukad 22-09-2015 ds leknj esa nw/k dh miyC/krk] 'kq}rk] forj.k dh O;oLFkk ,oa nw/k miyC/k djk;s tkus vkfn egRoiw.kZ ,oa rduhdh fcUnqvksa ij ijh{k.k dj fjiksVZ miyC/k djk;s tkus gsrq fuEukuqlkj lfefr xfBr dh tkrh gSA"

While we are inclined to allow time to the State Government to reconsider the matter, now that an expert committee has been constituted, we may clarify that the orders of this Court previously passed in these proceedings are not only confined to availability of milk, purity and distribution as part of the mid-day-meal scheme. The basic issue which has also been raised in the orders of this Court is how the scheme can be implemented on the basis of conversion cost of Rs.3.76 and Rs.5.64 per child for primary and upper primary students. We direct that the expert committee which has been constituted shall look into all aspects of the matter and a report of the committee as well as a decision of the State Government thereon shall be placed before the Court.

The petition shall now be listed under the same caption on 30 October 2015.

Order Date :- 6.10.2015

RKK/-

(Yashwant Varma, J)

 (Dr D Y Chandrachud, CJ) 

दूध की उपलब्धता, उसका मुल्य एवं कन्वर्जन कास्ट के सम्बन्ध में कोर्ट का नजरिया

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 42010 of 2015 

Petitioner :- Vinay Kumar Ojha 

Respondent :- State Of U.P. And 9 Others 

Counsel for Petitioner :- Rakesh Pande 

Counsel for Respondent :- C.S.C.,Arjun Prasad Yadav,Sunil Kumar Singh 

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice 

Hon'ble Yashwant Varma,J. 

In pursuance of the previous order of this Court dated 8 September 2015, the Joint Secretary (Basic Education) is present before the Court and has submitted a chart. The chart indicates that the daily availability of milk at Kanpur Nagar is about 2,18,000 liters and the actual requirement of milk is about 23,237 liters having due regard to the fact that the average attendance of students for July and August 2015 was 53.31 percent of the total of 2,17,962 students enrolled. Of the five dairies which have been mentioned in a tabulated form, only one is in the control of the State, namely Parag Dairy which is listed at serial number 5. Whether the other dairies have entered into an agreement with the State Government to supply milk at the rate of Rs 32/- per litre is a matter on which the Court must be apprised. 

The second aspect which the Court had earlier adverted to is in respect of conversion charges and is of utmost importance. The conversion cost of Rs 3.76 and Rs 5.64 per child for the primary and upper primary students has been fixed by the State Government under the midday meal scheme. Under the revised menu, it has been contemplated that students have to be supplied a cooked meal and 200 milliliters of boiled milk on every Wednesday. Though an effort has been made to indicate that this is in lieu of the erstwhile menu which required the provision of a cooked meal or kheer on Wednesdays and Saturdays, the fact remains that under the revised menu, on Wednesdays a cooked meal is to be provided in addition to milk. How this can be achieved in the budgeted amount from the conversion cost is anybody's guess. Since the new District Magistrate has recently taken charge at Kanpur, we give sufficient time to enable him to apprise himself of all the relevant factual material and to file his personal affidavit in pursuance of the previous directions of this Court dated 8 September 2015. 

We direct both the Joint Secretary (Basic Education) and the Collector and District Magistrate, Kanpur Nagar to remain present in the Court on the next date of listing to assist the Court. 

We also issue notice to the sixth to tenth respondents. These respondents shall indicate before the Court the manner in which the conversion cost is utilized in the actual provision of food under the midday meal scheme. 

The learned counsel for the petitioner shall take steps to ensure that service is completed on the sixth to tenth respondents well in advance before the next date of listing. 

List on 6 October 2015 under the same caption. 

In the meantime, we are of the view that the facts which have been placed before the Court should warrant a fresh scrutiny by the State Government on the efficacy of the arrangements which it has made. 

Order Date :- 22.9.2015 

AHA 

(Dr D Y Chandrachud, CJ) 

(Yashwant Varma, J)

संयुक्त सचिव बेसिक द्वारा दूध पिलाने पर शपथ पत्र दाखिल

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 42010 of 2015 

Petitioner :- Vinay Kumar Ojha 

Respondent :- State Of U.P. And 9 Others 

Counsel for Petitioner :- Rakesh Pande 

Counsel for Respondent :- C.S.C.,Arjun Prasad Yadav,Sunil Kumar Singh 

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice 

Hon'ble Yashwant Varma,J. 

The affidavit which has been filed by the Joint Secretary (Basic Education) leaves many more questions unanswered that it seeks to explain. 

The affidavit states that with effect from 1 July 2015, an amount of Rs.3.76 per child at the primary level and Rs.5.64 per child at the upper primary level has been fixed by the State Government under the Mid Day Meal Scheme. The affidavit states that in the district of Kanpur Nagar there are 1674 primary schools and 822 upper primary schools aided by the State in which the Mid Day Meal Scheme is being implemented. There are 1,42,243 students at the primary level and 75,719 students at the upper primary level making a total of 2,17,962 students. The amended menu which has been put into place, envisages the distribution of 200 milliliters of boiled milk to every child on Wednesdays. 

The first issue which has to be answered by the State is whether satisfactory arrangements have been made for the procurement and distribution of forty thousand litres of milk which would be required on Wednesdays alone. The affidavit is totally silent on this aspect. The second aspect, as noted by this Court in its order dated 30 July 2015, was that even at the rate of Rs.32 per litre, 200 milliliters of milk would envisage a budgetary outlay of rupees eight per child on Wednesdays alone. How this expenditure is to be borne from the conversion cost of Rs.3.76 and Rs.5.64 per child for the primary and upper primary students respectively finds no explanation. What we find from the affidavit which has been filed by the Joint Secretary is a set of hypothetical computations which appear to have no connection with ground reality. 

In this view of the matter, we have no option but to direct the Joint Secretary (Basic Education) to reapply his mind with a greater sense of responsibility to the issues which are raised in the petition and to appear before this Court on the next date of listing with a full set of proper facts for appraisal before the Court. 

In the meantime, we also direct the Collector and District Magistrate, Kanpur Nagar to file a counter affidavit specifically dealing with both the aspects which are noted above and to explain to the Court, whether and if so the manner in which the Scheme is being implemented having regard to the issues noted above. The petition shall now be listed before this Court as fresh on 22 September 2015. 

Order Date :- 8.9.2015 

VMA 

(Dr. D.Y. Chandrachud, C.J.) 

(Yashwant Varma, J.)