Madhya Pradesh High Court

CEO District Panchayat is the exclusive authority competent to adjudicate complaints against Mid-Day Meal Self-Help Groups.

Sarswati Swa Sahayta Samooh Through Radha Bai vs The State Of Madhya Pradesh

Madhya Pradesh High CourtJUDGMENT: April 08, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 1-2

The Petitioner alleged the order was arbitrary and violated natural justice as they were not granted a meaningful hearing

Source reference: p. 2

Furthermore, 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. 2

The State argued the order was based on inspection reports highlighting poor hygiene and non-compliance with the prescribed menu

Source reference: p. 4
02

Issues

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. 5

2. Whether the impugned order was vitiated by procedural irregularities and a failure to adhere to the principles of natural justice

Source reference: p. 6
03

Law 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. 4-5

It 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. 5

These provisions are read in conjunction with the National Food Security Act, 2013, and the Madhya Pradesh Food Security Rules, 2017

Source reference: p. 3
04

Reasoning

The Court found that the SDO (Revenue) bypassed the mandatory administrative framework by assuming the role of the final adjudicating authority

Source reference: p. 6

Under 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. 5

The Court observed that this jurisdictional error struck "at the root" of the order's validity

Source reference: p. 6

Additionally, 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. 6

This lack of factual clarity evidenced a non-application of mind and a violation of procedural fairness

Source reference: p. 6
05

Holding

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. 6

The 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. 7

The CEO was directed to pass a reasoned order within six weeks

Source reference: p. 7

Crucially, 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. 7
Madhya Pradesh High Court

Original Court PDF

Sarswati Swa Sahayta Samooh Through Radha BaivsThe State Of Madhya Pradesh

Madhya Pradesh High Court · April 08, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment