'No Decision Taken Yet': State Tells Calcutta High Court On Proposed Move To Entrust Mid-Day Meal Scheme To ISKCON

The West Bengal Government on Tuesday told the Calcutta High Court that no decision has yet been taken on the proposed move to entrust the preparation and distribution of mid-day meals in government schools, presently undertaken by Self Help Groups (SHGs), to ISKCON. The State submitted that "only an offer has come" and nothing further has transpired.

"My instructions are that only an offer has come, nothing further," Advocate General Surajit Nath Mitra told a Division Bench presided over by Acting Chief Justice Tapabrata Chakraborty while opposing a writ petition challenging the proposed move. He argued that the plea was premature as no official decision or notification had been issued.

The petition was filed amid apprehensions that SHGs engaged in preparing and supplying mid-day meals in government schools across the State would be replaced by ISKCON. Appearing for the petitioners, Senior Advocate Kalyan Bandopadhyay argued that the State could not hand over the work to any organisation without following the prescribed tender process.

"Without having tender they cannot give to anyone," Bandopadhyay submitted.

The Bench repeatedly sought to ascertain whether the State had taken any formal decision. "That is what we are asking. Is there any such notification?" the Court asked.

The Advocate General responded that no notification had been issued and reiterated that the petition proceeded entirely on assumptions. "Nothing has been done yet. The entire petition proceeds on the basis of an assumption," he submitted.

The Court observed that while the petitioners' concerns were understandable, any such move affecting SHGs could not be implemented without a formal notification.

"We want to see records. Is there any notification? This cannot be done without a notification. We appreciate your concern," the Bench observed.

Bandopadhyay relied on statements allegedly made by the Chief Minister regarding the proposal and urged the Court to direct the State to file an affidavit clarifying its stand.

"Let them file an affidavit saying the Chief Minister didn't say it. It cannot be disputed. It is a record," he argued.

The Advocate General disputed the contention, submitting that there was "no record" of such a statement and requested the Court to consider the relevant video.

Observing that no enforceable decision had yet been taken, the Bench said that if a notification was ultimately issued replacing SHGs in the mid-day meal scheme, the petitioners would be at liberty to approach the Court.

"Then you come to us. If you want to be heard, it will be heard on pleadings," the Court observed.

The hearing was adjourned after the Bench remarked, "Let the notification come, we are keeping it pending."