Bombay HC Urges Municipal Corporations to Conduct Surprise Checks on Mid-Day Meal Quality

Bombay HC Urges Municipal Corporations to Conduct Surprise Checks on Mid-Day Meal Quality

The Bombay High Court has recently emphasized that municipal corporations must carry out both regular and unannounced inspections of the food quality in the mid-day meal scheme to ensure that marginalized communities do not endure substandard conditions in silence.

“In such matters, the Corporation must be vigilant, considering the object of the mid day meals scheme and the target beneficiaries. The Corporation must conduct frequent and surprise checks so the the students from the marginalised sections do not suffer in silence and pain,” the court noted.

The division bench of the Bombay High Court, consisting of Justice MS Sonak and Justice Kamal Khata, was examining a petition filed by Om Shakti Mahila Seva Sahakari Sanstha Maryadit. The petition challenged a communication dated May 14, 2024, in which the Mira Bhayender Municipal Corporation terminated the contract with the petitioner for supplying mid-day meals to schoolchildren in approximately 12 schools within the corporation's jurisdiction.

The corporation informed the bench that its inspection team had identified several deficiencies in the petitioner's performance, including the provision of substandard food and delays in delivery. It was reported that students in some schools had found worms, insects, and weevils in the meals provided. Despite multiple show-cause notices issued by the corporation, there was no improvement in the food quality, resulting in the contract's termination.

The bench dismissed the petition but also remarked that the corporation should have acted more swiftly to address the issue and prevent any harm to the students.

But we think that it is our duty to add that such leniency should not be at the cost of the health of the school children. This is a matter where for over a period of 15 months no action was taken against the petitioner, though during this period the petitioner was pointed out the repeated lapses in its catering service. After about 23 students reported worms in the meals or when students had to go hungry because the meals supplied were inedible, the Corporation should have acted with promptitude,” the order reads.

The high court also dismissed the petition and observed that, despite being given several opportunities, the quality of food supplied by the petitioner had not improved, and there were numerous other lapses in service.

“The mid-day meals scheme is a beneficial scheme to encourage students to attend school. It is a scheme meant to increase the nutrition of schoolchildren, including children belonging to weaker sections of society. Despite several opportunities, the quality of food supplied by the petitioner had not improved, and there have been several other lapses. The Corporation was thus justified in its action. The Corporation’s action was not knee jerk. More than several opportunities were granted to the petitioner to improve the service,” the order states.

Case title: Om Shakti Mahila Seva Sahakari Sanstha Maryadit vs MBMC & Anr 

 
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