Facts
The Petitioner, a Self-Help Group (SHG) responsible for distributing Mid-Day Meals at a Government Middle School, challenged an order dated 29.08.2025 issued by the Sub-Divisional Officer (SDO) (Revenue) removing them from the program
Source reference: p. 1-2The Petitioner alleged the order was arbitrary and violated natural justice as they were not granted a meaningful hearing
Source reference: p. 2Furthermore, the Petitioner contended that the allegations of irregularities pertained to a Government Primary School operated by a different SHG, not the Middle School under the Petitioner's purview
Source reference: p. 2The State argued the order was based on inspection reports highlighting poor hygiene and non-compliance with the prescribed menu
Source reference: p. 4Issues
1. Whether the Sub-Divisional Officer (Revenue) possesses the jurisdiction to pass a final order of removal against a Self-Help Group under the Mid-Day Meal Scheme framework
Source reference: p. 52. Whether the impugned order was vitiated by procedural irregularities and a failure to adhere to the principles of natural justice
Source reference: p. 6Law Applied
The Court primarily applied Clause 9 of the Government Circular dated 05.08.2020, which designates the Chief Executive Officer (CEO), District Panchayat, as the nodal authority at the district level empowered to render final decisions on complaints following an inquiry
Source reference: p. 4-5It further relied on the New Guidelines 2017 and the Circular dated 10.01.2012, which establish a two-tier process: a three-member sub-divisional committee (chaired by the SDO) conducts the fact-finding inquiry, while the CEO, District Panchayat, acts as the final adjudicating authority
Source reference: p. 5These provisions are read in conjunction with the National Food Security Act, 2013, and the Madhya Pradesh Food Security Rules, 2017
Source reference: p. 3Reasoning
The Court found that the SDO (Revenue) bypassed the mandatory administrative framework by assuming the role of the final adjudicating authority
Source reference: p. 6Under Clause 9 of the 2020 Circular, the SDO’s role is limited to chairing the sub-divisional fact-finding committee, whereas the power to pass a final order resides exclusively with the CEO, District Panchayat
Source reference: p. 5The Court observed that this jurisdictional error struck "at the root" of the order's validity
Source reference: p. 6Additionally, the Court noted that the inquiry was flawed and lacked specificity, as it failed to distinguish between the Petitioner’s operations at the Middle School and unrelated irregularities at a Primary School
Source reference: p. 6This lack of factual clarity evidenced a non-application of mind and a violation of procedural fairness
Source reference: p. 6Holding
The Court allowed the petition and quashed the impugned order dated 29.08.2025
The Court held that the order was unsustainable due to lack of jurisdiction, procedural irregularity, and violation of the principles of natural justice
Source reference: p. 6The matter was remanded to the CEO, District Panchayat, to conduct a fresh, fair, and independent inquiry in accordance with the 2017 Guidelines and 2020 Circular
Source reference: p. 7The CEO was directed to pass a reasoned order within six weeks
Source reference: p. 7Crucially, the Court ordered that status quo be maintained regarding the Petitioner’s functioning and the appointment of any fresh agency until the CEO renders a final decision
Source reference: p. 7Original Court PDF
Sarswati Swa Sahayta Samooh Through Radha BaivsThe State Of Madhya Pradesh
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