Partly allowed

Shipra Devi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Women and Child Developement Lko and 3 Others

Allahabad HC13 Nov 2024WPIL/960/2024

Case brief

AI extract

What is this about?

The Court directs the Defence Food and Research Laboratory to submit an expert report on Aanganwadi Centre operations, food procurement, and nutritional quality in U.P., and impleads the Union of India as a respondent.

What did the court decide?

Ordered the Defence Food and Research Laboratory to submit an expert report on Aanganwadi Centre food supply and quality within four weeks.

Shipra Devi vs State of U.P. Thru. Addl… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 1

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 960 of 2024

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Petitioner :- Shipra Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Women And Child Developement Lko And 3 Others Counsel for Petitioner :- Paavan Awasthi,Bhanu Bajpai Counsel for Respondent :- C.S.C.

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.

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Heard Sri Bhanu Bajpai, the learned counsel for the petitioner and Sri Indrajeet Shukla, the learned Additional Chief Standing Counsel for the State.

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Issue notice to respondent no. 4.

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Steps within ten days.

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Having regard to the issues involved in the present PIL it would be desirable to implead Union of India through its Secretary, Ministry of Women and Child Development.

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The learned counsel for the petitioner may implead the Union of India as respondent during the course of the day.

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Total number of Aanganwadi Centres in the state of U.P. for the purposes of implementation of ICDS operative as in the month of October, 2024 are stated as 1,89,140. The total number of Aanganbadi workers working in the State of U.P. at respective centres as available on the official website are mentioned as 1,78,706. The eligible beneficiaries as per the information downloaded on 31.10.2024 are mentioned as 2,22,33,550.

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The Operation of these Aanganwadi centres as per the details available in the writ petition on the basis of well researched

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data is disheartening. The ICDS scheme is operative in the State of U.P. from the year 1975. The lofty object of health care of infants and lactating mothers is an object which is yet to be achieved as per the targetted objects. The state of affairs reflected from the data available on record deserves attention of this Court for evolving and executing a transparent mechanism both in the matter of procurement of high nutrition in food materials supplied under the National Food Security Act, 2013 as well as the Integrated Nutrition Support ProgrammeSaksham Anganwadi and Poshan (2.0) Rules, 2022 framed thereunder which are stated to be applicable in the case at hand.

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This Court having regard to the details disclosed in the writ petition would also require an expert body report on the study of Aanganbadi Centres operating in the State of U.P. and the scheme of procurement of high nutrition in food as per the specifications prescribed under the Scheme and the statutory provisions applicable in this behalf. The suggestions for impressing the quality of food items are also desirable to be known. For such a purpose a report of Defence Food and Research Laboratory may be necessary before any directives are issued to the competent authorities for carrying out the objects of ICDS.

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Accordingly, we direct the Director, Defence Food and Research Laboratory, Mysore having its network all over the country to make necessary study of Aaganbadi Centres in the State of U.P. both in the matter of procurement of specified nutritious food and supply thereof to the respective centres including all its aspects e.g. quantity, frequency of supply and its quality and the mechanism operating as on date. The delays in the supply, if any, may also be studied and apprised to the Court in the report so drawn as well as the cause of delays.

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This report shall be drawn by employing experienced experts so that credibility of the report submitted by the aforesaid laboratory does not remain questionable.

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We expect the report to be submitted not later than a period of four weeks. A copy of the order shall be communicated to the Director, Defence Food and Research Laboratory,Mysore by the petitioner as well as by learned Deputy Solicitor General of India forthwith.

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List in the list of fresh cases on 12.12.2024 when the report called for may also be placed before this Court.

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Vakalatnama filed by Sri Paavan Awasthi on behalf of the petitioner, on impleadment of Union of India as respondent, is permitted to be withdrawn in view of the conflict of interest for he being on the panel of Union of India.

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Order Date :- 13.11.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shipra Devi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Women and Child Developement Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Shipra Devi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Women and Child Developement Lko and 3 Others

Case brief

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What did the court decide?

What the court decided

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