Delhi High Court Dismisses Petitioner’s Challenge, Upholds Debarment Order Over Sub-Standard Items in Mid Day Meal Kits

In a significant ruling, the Delhi High Court, presided by Hon’ble Mr. Justice Subramonium Prasad, upheld the debarment order against the Food and Beverage Foundation Society (the Petitioner) for supplying sub-standard items in dry ration kits under the Central Government’s Mid Day Meal Scheme. The decision was rendered on 25^th July 2023.

The Petitioner had filed a Writ Petition under Article 226 of the Constitution of India, challenging the debarment order issued by the Directorate of Education, Government of NCT of Delhi. The order, dated 14^th February 2023, debarring the Petitioner from supplying Mid Day Meals under the PM POSHAN Scheme, came into effect after allegations of supplying rotten chana (gram) and vanaspati (dalda) instead of refined oil in one of the respondent’s schools.

The Court carefully examined the facts leading to the filing of the Writ Petition, including the contentions put forth by the Petitioner. It considered the claim made by the Petitioner that the chana might have rotted due to the passage of time and rainy season, leading to the alleged sub-standard supply. However, the Court found that there was no basis to doubt the receipts presented by the Respondent, showing supply in the month of August 2022. The Court observed that chana cannot rot in seven months, as claimed by the Petitioner.

Justice Prasad emphasized the importance of providing nutritious meals to children and remarked, “The seriousness of the allegations in the case at hand and its impact on children, who are the future of the country, cannot be overlooked.” He further rejected the Petitioner’s contention that Ministry of Education’s guidelines on oil and fat applied only to cooked meals, clarifying that they extended to all food items, including those supplied in dry ration kits.

While upholding the debarment order, the Court also pointed out that debarment could not be permanent and remanded the matter back to the Respondents to fix a specific timeline for the petitioner’s debarment from supplying Mid Day Meals. This decision aligns with previous judicial precedents that emphasized the necessity for a reasonable duration for debarment and highlighted its adverse consequences on the debarred entity.

The Court concluded its judgment, underscoring the significance of adhering to the guidelines and norms of the Mid Day Meal Scheme to ensure the welfare and health of children. It further urged the competent authority to establish transparent and fair guidelines for debarment periods to prevent arbitrariness in such decisions.

Date of Decision: 25th JULY, 2023

SECRETARY, FOOD AND BEVERAGE FOUNDATION SOCIETY REGD. vs  DIRECTORATE OF EDUCATION, GOVT. OF NCT OF DELHI