Facts
The petitioner, Ajay Tiwari, challenged the order dated 06.04.2015 [Annexure P-1] whereby the work of Mid Day Meal distribution was assigned to respondent Nos. 7 & 8.
Source reference: para. 1The petitioner further challenged the order dated 21.07.2015 [Annexure P-2] passed by the Collector, Sidhi, which dismissed his appeal.
Source reference: para. 1The petitioner claimed he had been operating in the village for a long period without complaints and was discontinued without an opportunity of hearing.
Source reference: para. 2The State countered that the allocation followed government guidelines prioritizing women’s self-help groups (Samuh) living below the poverty line (BPL) and that the petitioner was present during the decision-making resolution on 31.03.2015.
Source reference: para. 3Issues
1. Whether the assignment of Mid Day Meal distribution to respondent Nos. 7 & 8 was legally valid under the prevailing government guidelines.
Source reference: para. 5-72. Whether the impugned orders were passed in violation of the principles of natural justice.
Source reference: para. 2, 6Law Applied
The court applied the State Government Guidelines dated 13.09.2007 regarding the selection of agencies for Mid Day Meal distribution.
Source reference: para. 3, 5Clause 2.1.1 of these guidelines mandates that preference ("Prathmikta") must be given to women’s self-help groups consisting of members living below the poverty line (BPL).
Source reference: para. 5The guidelines also emphasize selecting local groups that have completed at least six months of operation and prioritize groups whose members' children are enrolled in the target primary schools.
Source reference: para. 5Reasoning
The Court examined the record and found that the selection of respondent Nos. 7 & 8 was strictly in accordance with Clause 2.1.1 of the 2007 guidelines, as they fell within the priority category of BPL women’s groups.
Source reference: para. 5-6Regarding the petitioner's claim of lack of hearing, the Court noted that the resolution dated 31.03.2015 [Annexure R-2] proved the petitioner's representatives were present during the decision-making process.
Source reference: para. 6Consequently, the Court determined that the principles of natural justice were satisfied and the State had followed the prescribed procedure for the allotment of work.
Source reference: para. 6-7Holding
The Court held that there was no infirmity or illegality in the impugned orders as the work was allotted per the 2007 guidelines in a transparent process involving the petitioner.
Resultantly, the writ petition was dismissed for being devoid of merits.
Source reference: para. 8Original Court PDF
Ajay TiwarivsThe State Of Madhya Pradesh
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in