Facts
The petitioner, a registered women’s self-help society, had been engaged in providing mid-day meals to students of Government Primary School, Bardih.
Source reference: p.2After the petitioner sought changes in the society’s membership, an enquiry was conducted. On the basis of the enquiry, the Sub-Divisional Officer terminated the petitioner’s arrangement for providing mid-day meals and authorized the School Management Committee to appoint another agency in accordance with law.
Source reference: p.2The petitioner challenged the action before the Additional Collector, but the challenge was rejected by order dated 14 June 2023.
Source reference: p.2The petitioner thereafter submitted a representation dated 30 June 2023 to the Principal Secretary, School Education Department. That representation was rejected by order dated 1 September 2023 on the ground that the matter did not concern the School Education Department.
Source reference: pp.2–3During the writ proceedings, the petitioner confined its prayer to a direction for expeditious consideration and disposal of the pending representation, without pressing the challenge to the impugned orders at that stage.
Source reference: p.3Issues
1. Whether the petitioner was entitled to a direction for expeditious disposal of its representation dated 30 June 2023 concerning its removal from the mid-day meal programme.
Source reference: p.32. Whether the Court should set aside or adjudicate upon the validity of the orders dated 14 June 2023 and 1 September 2023 in the present proceedings.
Source reference: pp.3–4Law Applied
The Court applied the general administrative-law principle that a competent authority must consider and decide a pending representation in accordance with law by passing an appropriate and reasoned order.
Source reference: pp.3–4Since the petitioner confined its relief to consideration of the representation, the Court did not determine the merits of the petitioner’s entitlement to continue providing mid-day meals, nor did it rely upon or interpret any specific statutory provision or precedent.
Source reference: pp.3–4Reasoning
In view of the petitioner’s limited prayer and the State’s non-opposition, the Court considered it appropriate to direct the concerned authorities to decide the representation dated 30 June 2023 within a reasonable time and in accordance with law.
Source reference: pp.3–4The Court expressly refrained from examining the merits of the petitioner’s grievance, including the legality of its termination and the authorization of another agency.
Source reference: p.4It further clarified that the representation must be decided independently and that the writ order would not influence the authority’s decision.
Source reference: p.4Holding
The writ petition was disposed of with a direction to the respondent authorities to consider and decide the petitioner’s representation dated 30 June 2023 within a reasonable time, in accordance with law, by passing appropriate orders.
The Court did not set aside the orders dated 14 June 2023 or 1 September 2023, and left all merits open for consideration by the competent authority.
Source reference: p.4Original Court PDF
SANGAM MAHILA SWA SAHAYATA SAMUHvsSTATE OF CHHATTISGARH
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